Ind. Marion Cnty. Prob. Local Rule LR49-PR00 Rule 413

413.1 Presence of Incapacitated Person. In all guardianship or protective proceedings seeking

to declare an adult incapacitated, either the person alleged to be incapacitated shall be present at

the hearing, or the petitioner shall present sufficient medical evidence to establish that a court

appearance would result in injury to the person's health or safety. An opinion that the person

would have difficulty in understanding the procedure or might say something inappropriate is not

sufficient reason alone for absence.

413.2 Physician's Report. In all guardianship proceedings seeking to declare an adult

incapacitated, a Physician's Report by the doctor treating the alleged incapacitated person, or

such additional evidence as the Court may require, shall be presented to the Court at the time the

petition is filed or on the date of the hearing. The Physician's Report shall substantially comply

with MSCPR Form 413.3. No determination will be made without a supporting medical report or

testimony at hearing. In the event the guardianship proceeding is contested, the Physician's

Report shall be considered as hearsay unless the parties stipulate to its admissibility.

413.3 Notice. Consistent with I.C. § 29-3-3-4(a) and (b), no guardian of an adult shall be

appointed or protective order entered without notice to the alleged incapacitated person or to his

duly appointed attorney-in-fact (if known), except upon verified allegations that delay may result

in immediate and irreparable injury to the alleged incapacitated person or loss or damage to

property. The petitioner shall certify to the Court in writing the efforts, if any, that have been

made to give notice and the reasons supporting the petitioner's claim that advance notice should

not be required.

413.4 Appointment of Guardian Ad Litem or Attorney. The Court may in its discretion

determine that the alleged incapacitated person should have a guardian ad litem or attorney

appointed to represent his or her interests, and the hearing for appointment of a guardian for the

alleged incapacitated person may be continued by the Court for that purpose. A guardian ad

litem will be paid reasonable compensation, considering the needs of the alleged incompetent

person, the nature and relative difficulty of the services provided, local custom, the availability

or limitations of resources of the alleged incompetent person's estate, and, in the discretion of the

Court, any other considerations deemed relevant under the circumstances of the case.

413.5 Petition For Guardianship of A Minor. In every petition for the appointment of a

guardian of the person of a minor child, in addition to the statements required by I.C. § 29-3-5-

1(a) and MSCPR 401.1, the following information shall also be contained in the petition:

1. The present address of the child.

2. The places where the child has resided during the past two years, and the names and present

addresses of the persons with whom the child has lived during that period. If such information is

not available, the petition should state the reason for such unavailability.

3. Whether, to petitioner's knowledge, any other litigation is pending in this state or in any other

state concerning the custody of the child.

4. Whether, to 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.

The Court may, in its discretion, initiate such further investigation, and obtain a report by the

Indiana Department of Child Services, pursuant to I.C. § 29-3-9-11.

413.6 Hearings. Hearing shall be held by the Court on any petition seeking guardianship over an

adult alleged to be an incapacitated person. The court reserves the right to require and to hold a

hearing on any petition seeking a guardianship over a child's person or property, but the Court

may waive the necessity for a hearing based on all the material facts and circumstances,

including but not limited to a showing that all interested persons entitled to notice under I.C. §

29-3-6-1 have given written waivers notice of a hearing or the necessity for a hearing.

413.7 Restricted Accounts.

1. In guardianships over the estate of a minor, unless otherwise authorized by the Court, funds

shall be placed in a restricted account designating that no principal or interest may be withdrawn

without written order of the Court.

2. Prior to the issuance of letters in a guardianship over a minor's estate or the compromise of a

minor's claim, the guardian and attorney shall execute the Court's attorney's undertaking making

the attorney personally responsible for the deposit of the funds in a restricted account. The

attorney's undertaking in a guardianship shall be substantially in accordance with the form

of MSCPR Form 409.4. With respect to compromise of a minor's claim, see MSCPR 418.6

and MSCPR Form 418.6(A).

3. Within thirty (30) days after the Order authorizing the creation of the account, a certification

by a financial institution that a properly restricted account has been created in accordance with

this MSCPR 413.8 shall be filed. The certification shall be substantially in accordance with the

form of MSCPR Form 409.5.

4. The guardian and the financial institution shall both promptly notify the Court in writing in the

event that any principal or interest is withdrawn from the account without Court authorization.

413.8 Power of Attorney. An appointment of a guardian over an estate shall not operate to

terminate a power of attorney, unless the power of attorney instrument provides for termination

upon the incapacity of the principal. A guardian shall not have power over property or health

decisions that are subject to a valid power of attorney, and cannot revoke or amend a power of

attorney on behalf of a principal. A guardian seeking to revoke a valid power of attorney must

obtain Court approval which can be granted only after hearing and notice to the attorney in fact.

413.9 Rules of the Veteran's Administration. Nothing contained in these rules shall amend or

supersede the Probate Rules and Regulations promulgated by the Veteran's Administration of the

United States, and every guardian appointed by the Court or the attorney for such guardian shall

comply with those Rules and Regulations, if applicable.