Sec. 12. (a) This section applies only to a guardianship of the property of a minor or an incapacitated adult.

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Terms Used In Indiana Code 29-3-9-12

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • 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.
  • 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
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
     (b) If a third party fails to comply with a guardian‘s written demand or instruction that:

(1) was issued within the scope of the guardian’s authority; and

(2) is consistent with this article;

the guardian may bring an enforcement proceeding to compel compliance in the court having jurisdiction over the guardianship.

     (c) A court may award attorney‘s fees and costs to the guardian in an enforcement proceeding under subsection (b), if the person indebted to the guardianship estate or holding property of the guardianship estate:

(1) acted in bad faith in failing to comply with the guardian’s written demand or instruction; or

(2) refused to respond within thirty (30) business days after receiving the guardian’s written demand or instruction, if the demand or instruction is consistent with this article.

     (d) A court may, upon notice and hearing, award attorney’s fees and costs to an estate bringing an enforcement proceeding under subsection (a) against an insurer regulated under IC 27 if:

(1) the insurer failed to respond under IC 27 after receiving a written demand or instruction from the personal guardian; and

(2) the written demand or instruction is consistent with this article.

As added by P.L.51-2014, SEC.7. Amended by P.L.83-2014, SEC.5.

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