ILNews

Guardianship, power of attorney bills on 3rd reading

Back to TopCommentsE-mailPrintBookmark and Share

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. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT