Indiana Code 29-1-19-17. Discharge of guardian
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Terms Used In Indiana Code 29-1-19-17
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Department: refers to the United States Department of Veterans Affairs. See Indiana Code 29-1-19-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- 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
- 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
Sec. 17. In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the Department showing that a minor has attained majority or that the incapacitated person has been rated competent by the Department upon examination in accordance with law shall be prima facie evidence that the minor has attained majority, or the incapacitated person has recovered competency. Upon hearing after notice as provided in this chapter and the determination by the court that the minor has attained majority or the incapacitated person has recovered competency, an order shall be entered to that effect, and the guardian shall file a final account within sixty (60) days of such determination. Upon hearing after notice to the former protected person and to the Department as in case of other accounts, upon approval of the final account, and upon delivery to the protected person of the assets due from the guardian, the guardian shall be discharged and the guardian’s sureties released.
Formerly: Acts 1953, c.112, s.2017; Acts 1971, P.L.413, SEC.4. As amended by P.L.33-1989, SEC.50.