ILNews

Guardianship, power of attorney bills on 3rd reading

Back to TopCommentsE-mailPrint

A bill that would prevent the termination of the guardianship of an incapacitated minor once the minor turns 18 and legislation that allows a copy of a power of attorney to have the same effect as the original are before the Indiana House of Representatives on third reading Monday.

In the House, legislators will hear Senate Bill 32, which looks to prevent the courts from ending the guardianship of a minor who has been adjudicated as an incapacitated person once the minor turns 18. The bill also will allow a minor who hasn’t been adjudicated an incapacitated person and the minor’s guardian to jointly petition the court to extend the guardianship beyond the minor’s 18th birthday to a termination date set forth in the petition or the date the minor turns 22, whichever occurs first.

In addition to providing that a copy of a power of attorney has the same force and effect as the original if the person granting the POA certifies that the copy is true and correct, SB 157 also urges the Legislative Council to study issues related to powers of attorney during the 2012 interim session.

In the Senate, legislators will discuss Simple Resolution 9, authored by Sen. Jean Leising, R-Oldenburg, which urges the Legislative Council to establish a study committee to look at Public Law 209. Last session, House Bill 1402 made changes to Indiana law that now require undocumented immigrants to pay out-of-state tuition to attend college. That resolution is eligible for adoption.

Also being discussed on the Senate floor Monday on second reading:
•    HB 1033 on sentencing and criminal history matters. The bill includes a definition of a “criminal history provider” and discusses when a court can convert a Class D felony to a Class A misdemeanor.
•    HB 1049 on problem-solving courts, courts, and inspector general matters. The bill allows problem-solving courts to collect program fees and also allows the inspector general to directly institute civil proceedings against people who haven’t paid civil penalties imposed by the state ethics commission.
•    HB 1258 on estate planning matters, which includes a provision that the practice of law by someone who isn’t an attorney is considered racketeering for purposes of the law concerning racketeer influence and corrupt organizations.
•    HB 1273, which asks for the Legislative Council to study the idea of creating a centralized department of administrative law judges within the Office of the Indiana Attorney General.

Both the House and Senate reconvene at 1:30 p.m.

The House Judiciary Committee met Monday morning to discuss several bills, including SB 152, which would give Allen Circuit Court a second full-time magistrate; SB 190, which denies parenting rights to rapists; and SB 156, which establishes a new procedure for partitioning real and personal property that requires a court refer the matter to mediation.

On Tuesday, the Senate Corrections, Criminal and Civil Matters Committee meets to discuss four bills, including HB 1204 on matters involving the sex and violent offender registry. On Wednesday, the Senate Judiciary Committee will hear three bills, including HB 1365 on dual juvenile and criminal jurisdiction.

Feb. 29 is the last day for third reading of House bills in the Senate; Senate bills have through March 5 to make it out of the House of Representatives. House Speaker Brian Bosma, R-Indianapolis, recently said he and Senate President Pro Tempore David Long, R-Fort Wayne, want to wrap up the session early. The session is formally scheduled to end March 14.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT