Ind. Code ch. 29-3-1

Ind. Code ch. 29-3-1
in effect

Ind. Code § 29-3-1-1 Application of definitions

Sec. 1. The definitions in this chapter apply throughout and their application is limited to this article. As added by P.L.169-1988, SEC.1.

Ind. Code § 29-3-1-1.6 "Catalogue of electronic communications"

Sec. 1.6. "Catalogue of electronic communications" has the meaning set forth in IC 32-39-1-5. As added by P.L.137-2016, SEC.3.

Ind. Code § 29-3-1-2 "Claim"

Sec. 2. "Claim" means, with respect to an incapacitated person or a minor, any liability of the incapacitated person or minor, whether arising in contract, tort, or otherwise, and any liability against an incapacitated person's or a minor's property that arises before, at, or after the appointment of a guardian, including expenses of administration. As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.56.

Ind. Code § 29-3-1-2.5 "Conduct a criminal history check"

Sec. 2.5. "Conduct a criminal history check" means to: (1) request: (A) the state police department to conduct a: (i) fingerprint based criminal history background check of both national and state records data bases concerning a person who is at least eighteen (18) years of age in accordance with IC 10-13-3-27 and IC 10-13-3-39; or (ii) national name based criminal history record check (as defined in IC 10-13-3-12.5) of a person who is at least eighteen (18) years of age as provided under IC 10-13-3-27.5; or (B) if an individual has: (i) a physical disability that prevents fingerprinting and a person approved by the department of child services who is trained to take fingerprints or a qualified medical practitioner (as defined in IC 31-9-2.1-196) verifies that the individual has a disabling condition that prevents fingerprinting; or (ii) low quality fingerprints, as a result of age, occupation, or otherwise, that prevent fingerprint results from being obtained and the individual's fingerprints have been rejected the required number of times by automated fingerprint classification equipment or rejected by a person designated by the state police department to examine and classify fingerprints; the state police department to conduct a national name based criminal history record check (as defined in IC 10-13-3-12.5) or request the state police department to release or allow inspection of a limited criminal history (as defined in IC 10-13-3-11) and the state police in every state the individual has resided in the past five (5) years to release or allow inspection of the individual's criminal history; (2) collect each substantiated report of child abuse or neglect reported in a jurisdiction where a probation officer, a caseworker, or the department of child services has reason to believe that a person who is fourteen (14) years of age or older, or a person for whom a fingerprint based criminal history background check is required under IC 31, resided within the previous five (5) years; (3) conduct a check of the national sex offender registry maintained by the United States Department of Justice for all persons who are at least fourteen (14) years of age; and (4) conduct a check of local law enforcement agency records in every jurisdiction where a person who is at least eighteen (18) years of age has resided within the previous five (5) years unless the department of child services or a court grants an exception to conducting this check. As added by P.L.104-2015, SEC.4. Amended by P.L.25-2017, SEC.1; P.L.11-2023, SEC.93; P.L.145-2026, SEC.152.

Ind. Code § 29-3-1-2.6 "Confidential health disclosure order"

Sec. 2.6. "Confidential health disclosure order", for purposes of IC 29-3-4-1.5, means an order issued by the court under IC 29-3-4-1.5. As added by P.L.38-2023, SEC.9.

Ind. Code § 29-3-1-2.7 "Content of an electronic communication"

Sec. 2.7. "Content of an electronic communication" has the meaning set forth in IC 32-39-1-6. As added by P.L.137-2016, SEC.4.

Ind. Code § 29-3-1-3 "Court"

Sec. 3. "Court" means the court having probate jurisdiction and, where the context permits, the court having venue of the guardianship. As added by P.L.169-1988, SEC.1.

Ind. Code § 29-3-1-3.5 "De facto custodian"

Sec. 3.5. "De facto custodian" has the meaning set forth in IC 31-9-2.1-72. As added by P.L.194-2017, SEC.6. Amended by P.L.145-2026, SEC.153.

Ind. Code § 29-3-1-4.1 "Digital asset"

Sec. 4.1. "Digital asset" has the meaning set forth in IC 32-39-1-10. As added by P.L.137-2016, SEC.5.

Ind. Code § 29-3-1-5 "Durable power of attorney"

Sec. 5. "Durable power of attorney" means a power of attorney that: (1) is executed by an incapacitated person before that person became an incapacitated person; (2) provides that the power survives the person's incompetence; and (3) is executed in accordance with the law in effect in the jurisdiction in which it was executed on the date it was executed. As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.57.

Ind. Code § 29-3-1-6 "Guardian"

Sec. 6. "Guardian" means a person who is a fiduciary and is appointed by a court to be a guardian or conservator responsible as the court may direct for the person or the property of an incapacitated person or a minor. The term includes a temporary guardian, a limited guardian, and a successor guardian but excludes one who is only a guardian ad litem. The terms guardian and conservator are interchangeable. As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.58.

Ind. Code § 29-3-1-7 "Guardianship property"

Sec. 7. "Guardianship property" means the property of an incapacitated person or a minor for which a guardian is responsible. As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.59.

Ind. Code § 29-3-1-7.2 "Health care provider"

Sec. 7.2. "Health care provider", for purposes of section 9.5 of this chapter and IC 29-3-4-1.5, has the meaning set forth in IC 16-18-2-163(a)(1). As added by P.L.38-2023, SEC.10.

Ind. Code § 29-3-1-7.5 "Incapacitated person"

Sec. 7.5. "Incapacitated person" means an individual who: (1) cannot be located upon reasonable inquiry; (2) is unable: (A) to manage in whole or in part the individual's property; (B) to provide self-care; or (C) to perform both activities in clauses (A) and (B); because of insanity, mental illness, mental deficiency, physical illness, infirmity, habitual drunkenness, excessive use of drugs, incarceration, confinement, detention, duress, fraud, undue influence of others on the individual, or other incapacity; or (3) has a developmental disability (as defined in IC 12-7-2.1-118). As added by P.L.33-1989, SEC.60. Amended by P.L.2-1992, SEC.790; P.L.145-2026, SEC.154.

Ind. Code § 29-3-1-7.8 "Less restrictive alternatives"

Sec. 7.8. (a) "Less restrictive alternatives" means an approach to meeting a person's needs that restricts fewer rights of the person than would the appointment of the guardian. (b) Less restrictive alternatives may include, but are not limited to, the following: (1) A supported decision making agreement (as defined in IC 29-3-14-2). (2) Appropriate technological assistance. (3) The appointment of a representative payee. (4) The appointment of a health care representative (as defined in IC 16-36-1-2). (5) The creation of a power of attorney (as defined in IC 30-5-2-7). As added by P.L.68-2019, SEC.1.

Ind. Code § 29-3-1-9 "Letters"

Sec. 9. "Letters" means letters of guardianship. As added by P.L.169-1988, SEC.1.

Ind. Code § 29-3-1-9.5 "Medical evidence of capacity or incapacity"

Sec. 9.5. "Medical evidence of capacity or incapacity", for purposes of IC 29-3-4-1.5, means any evidence that is relevant to determine a person's capacity or incapacity. The term includes admissible written and electronic medical records that: (1) are maintained by a health care provider in the course of examining, evaluating, or treating an adult individual; (2) are relevant to the: (A) health, physical, or mental condition of the adult individual; (B) ability or capacity of the adult individual to make and carry out decisions to provide for the individual's own self-care or management of the individual's property; or (C) individual's ability to benefit from or use less restrictive alternatives to guardianship under IC 29-3-5; and (3) may be admissible as evidence in a hearing held under IC 29-3-4-1.5 if authenticated and identified as a business record or presented in sworn testimony by a licensed health care provider. As added by P.L.38-2023, SEC.11.

Ind. Code § 29-3-1-10 "Minor"

Sec. 10. "Minor" means an individual who is less than eighteen (18) years of age and who is not an emancipated minor. As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.2.

Ind. Code § 29-3-1-11 "Parent"

Sec. 11. "Parent" means a biological or adoptive parent. The term does not include a stepparent, foster parent, or grandparent. As added by P.L.169-1988, SEC.1.

Ind. Code § 29-3-1-12 "Person"

Sec. 12. "Person" means an individual, an organization, an association, a nonprofit corporation, a corporation for profit, a limited liability company, a partnership, a financial institution, a trust, the division of family resources or other governmental entity, or other legal entity. As added by P.L.169-1988, SEC.1. Amended by P.L.2-1992, SEC.791; P.L.8-1993, SEC.461; P.L.145-2006, SEC.168.

Ind. Code § 29-3-1-13 "Protected person"

Sec. 13. "Protected person" means an individual for whom a guardian has been appointed or with respect to whom a protective order has been issued. As added by P.L.169-1988, SEC.1.

Ind. Code § 29-3-1-14 "Protective proceeding"

Sec. 14. "Protective proceeding" means a proceeding for a protective order under IC 29-3-4. As added by P.L.169-1988, SEC.1.

Ind. Code § 29-3-1-15 "Support"

Sec. 15. "Support" means care, maintenance, and education or training, if appropriate. As added by P.L.169-1988, SEC.1.

Ind. Code § 29-3-1-15.5 "Volunteer advocate for seniors and incapacitated adults"

Sec. 15.5. "Volunteer advocate for seniors and incapacitated adults" means an individual who: (1) is a volunteer; (2) has completed a guardian training program approved by a court; (3) is supervised by a volunteer advocates for seniors and incapacitated adults program that is appointed by a court to serve as a guardian for a senior or an incapacitated person who is at least eighteen (18) years of age; and (4) provides reports and makes recommendations to a court. As added by P.L.11-2006, SEC.1. Amended by P.L.72-2010, SEC.1; P.L.4-2020, SEC.1.

Ind. Code § 29-3-1-16 Repealed

As added by P.L.41-2004, SEC.1. Amended by P.L.72-2010, SEC.2. Repealed by P.L.4-2020, SEC.2.

Ind. Code § 29-3-1-17 "Volunteer advocates for seniors and incapacitated adults program"

Sec. 17. "Volunteer advocates for seniors and incapacitated adults program" means: (1) an Indiana nonprofit or municipal corporation; (2) a program of an Indiana nonprofit or municipal corporation; or (3) a program operated by a county or court; that is appointed by a court to serve as a guardian for a senior or an incapacitated person who is at least eighteen (18) years of age and trains and supervises volunteers in a court approved guardian program for seniors and incapacitated adults and is certified by the Indiana supreme court as a volunteer advocate for seniors and incapacitated adults program. As added by P.L.72-2010, SEC.3. Amended by P.L.4-2020, SEC.3.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/29Fetched: 10/17/2026

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