Sec. 2. The Secretary shall be a party in interest in any proceeding:

(1) for the appointment or removal of a guardian;

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Terms Used In Indiana Code 29-1-19-2

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Benefits: means all money paid or payable by the United States through the department. See Indiana Code 29-1-19-1
  • Department: refers to the United States Department of Veterans Affairs. See Indiana Code 29-1-19-1
  • Estate: means income on hand and assets acquired partially or wholly with "income". See Indiana Code 29-1-19-1
  • Guardian: means any fiduciary for the person or estate of a protected person or a person designated by a protective order issued under IC 29-3 to act on behalf of a protected person. See Indiana Code 29-1-19-1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
  • Person: means an individual, a partnership, a limited liability company, a corporation, or an association. See Indiana Code 29-1-19-1
  • Protected person: means a beneficiary of the department. See Indiana Code 29-1-19-1
  • Secretary: refers to the secretary of the department. See Indiana Code 29-1-19-1
(2) for the recognition that an individual is no longer a minor or an incapacitated person (as defined in IC 29-3-1-7.5); and

(3) affecting in any manner the administration by the guardian of the estate of any present or former protected person whose estate includes assets derived in whole or in part from benefits paid at any time by the Department.

Not less than fifteen (15) days before the hearing on the matter, notice in writing of the time and place of the hearing shall be given by mail (unless waived in writing) to the office of the Department having jurisdiction over the area in which the suit or proceeding is pending.

Formerly: Acts 1953, c.112, s.2002. As amended by P.L.33-1989, SEC.42.