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Guardianship, power of attorney bills on 3rd reading

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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.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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