Indiana § 29-3-7-7 - Persons prohibited from being appointed or from serving as a guardian

§ 29-3-7-7. Persons prohibited from being appointed or from serving as a guardian

Sec. 7. A court may not appoint a person to serve as the guardian or permit a person to continue to serve as a guardian if the person:

(1) is a sexually violent predator (as described in IC 35-38-1-7.5);

(2) was at least eighteen (18) years of age at the time of the offense and was convicted of child molesting (IC 35-42-4-3) or sexual misconduct with a minor (IC 35-42-4-9) against a child less than sixteen (16) years of age:

(A) by using or threatening the use of deadly force;

(B) while armed with a deadly weapon; or

(C) that resulted in serious bodily injury; or

(3) was less than eighteen (18) years of age at the time of the offense and was convicted as an adult of an offense described in:

(A) IC 35-42-4-1;

(B) IC 35-42-4-2 (before its repeal);

(C) IC 35-42-4-3 as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 1, Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014);

(D) IC 35-42-4-5(a)(1);

(E) IC 35-42-4-5(a)(2);

(F) IC 35-42-4-5(a)(3) (before that provision was redesignated by P.L.158-2013, SECTION 441);

(G) IC 35-42-4-5(b)(1) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014);

(H) IC 35-42-4-5(b)(2); or

(I) IC 35-42-4-5(b)(3) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014).

As added by P.L.131-2009, SEC.5. Amended by P.L.158-2013, SEC.303; P.L.214-2013, SEC.22; P.L.168-2014, SEC.37; P.L.187-2015, SEC.25; P.L.86-2018, SEC.213; P.L.142-2020, SEC.33.

IC 29-3-8Chapter 8. Responsibilities and Powers of Guardian

29-3-8-1Enumerated responsibilities of guardian 29-3-8-2Powers which guardian may exercise 29-3-8-3Mandatory responsibilities of guardian 29-3-8-4Exercise of powers to perform responsibilities; enumeration 29-3-8-5Sale or encumbrance of guardianship property; conflicts of interest 29-3-8-6Sale or transfer of guardianship property contrary to terms of protected person's will; election of devisee 29-3-8-6.5Severance of property jointly owned with rights of survivorship or use of the assets of a multiple party account 29-3-8-7Sale, division, or disposition of property; contracts entered into before incapacity; performance by guardian 29-3-8-8Limitations on guardian powers; petition for confidential health disclosure order 29-3-8-9Requirements, terms, and conditions included in order creating guardianship; requirements for modifying or terminating guardianship; notify and refer to department of child services; conduct of hearing 29-3-8-10Access of guardian to digital assets; power conferred by court