Ind. Elkhart Cnty. Local Rule LR20-PR00-609

609.1. Appearance of the Incapacitated Person

In all guardianship matters seeking to declare an adult incapacitated for any reason, the incapacitated

person shall be present at the hearing or sufficient evidence shall be presented, by the petition, showing

that the incapacitated person is unable to appear. The Court may at any time appoint guardian ad litem to

investigate and protect the best interest of the incapacitated person.

609.2. Physician’s Report

In all guardianship matters seeking to declare an adult incapacitated for any reason, a Physician’s Report

by the doctor treating the alleged incapacitated person, or such additional evidence as the Court shall

require shall be presented to the Court at the time the petition is filed or on the hearing date. No

determination will be made without a supporting medical report or testimony.

609.3. Appointment Without Notice

Pursuant to Indiana Code 29-3-3-4(a), no guardian of an adult shall be applied, or protective order entered

without notice, except upon verified allegations that delay may result in immediate and irreparable injury

to the person, or loss, or damages to the property.

609.4. Appointment for a Minor

In every petition for the appointment of a guardian of the person of a minor child, the following

information shall be given:

A. The child’s present address.

B. The places where the child has lived within the past two (2) years and the names and present

addresses of the persons with whom the child has lived during that period.

C. General information concerning school, health, etcetera.

D. Whether, to the petitioner’s knowledge, any other litigation is pending concerning the custody

of the child in this or in any other state.

E. Whether, to the petitioner’s knowledge, any person not a party to the guardianship proceeding

has physical custody of the child or claims to have custody or visitation rights with respect to the

child.

609.5. Statutory Sealed Affidavit

In every petition for the appointment or modification of a guardianship for a minor, the attorney

representing the petitioner shall question the parties as to the circumstances that must be reported to the

Court under Indiana Code 29-3-2-7, Indiana Code 31-14-14-6, Indiana Code 31-17-2-26, Indiana Code 31-

17-4-11 and Indiana Code 31-17-5. Where appropriate, a sealed affidavit is to be filed with the Court in

substantially the form as provided by the Court.

609.6. Petition to Open a Guardianship Estate

All petitions to open a guardianship shall provide an approximate value and description of the property of

the incapacitated person or minor.

609.7. Inventory

An inventory shall be prepared by the fiduciary in a guardianship within ninety (90) days following the

date of appointment, or within thirty (30) days in the case of a temporary guardianship. The inventory

prepared for the guardianship shall be filed with the Court on or before the last day identified above for

preparation of the inventory.

609.8. Guardian’s Report

The Guardian’s Report filed by the guardian of the person as opposed to the estate, shall provide the

present residence of the protected person and a description of his or her general condition. If the protected

person is an adult. A report of an attending physician shall be filed with the Guardian’s Report attesting to

the fact that the incapacity of the person continues, and that the living arrangements for the protected

person are appropriate. The Guardian’s Report is to be filed with the Court on the same schedule as

required for accountings in compliance with Rule 609.9 following.

609.9. Accountings and Verification Required

When an individual or corporate fiduciary has been appointed to handle the financial affairs of a protected

person, an accounting shall be filed within thirty (30) days after the first anniversary of the date the

guardianship letters were issued. Thereafter, unless a contrary order is issued by the Court, all accountings

shall be filed biennially. All guardianship accountings shall contain a certification of an officer of any

financial institution in which guardianship assets are held, verifying the account balance. All accounts

shall follow the prescribed statutory format. Informal, handwritten, or transactional accounts will not be

accepted.

609.10. Social Security Benefits

All Social Security or Medicare Benefits received on behalf of an incapacitated person shall be included

and accounted for in the guardianship accounting unless Court approval has been previously granted to

allow said funds to be paid directly to a residential or health care facility, or because of the amount of such

funds, the Court finds that such funds can only be used by the guardian or designated person for the

benefit of, or use for such incapacitated person.

609.11. Compliance with Other Rules

Nothing herein shall be deemed as amending, superseding, or altering the Probate Rules and Regulations

promulgated by the Veteran’s Administration of the United States of America, and every fiduciary and

attorney shall comply with same, if applicable.

609.12. Financial Matters

Other than for routine matters, the guardian shall obtain Court approval prior to taking any action on any

financial matter pertaining to carrying out the guardian’s duties and responsibilities for the protected

person.