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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