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Judiciary committee to consider guardians being able to file for divorce

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Tackling an issue that has appeared in the Court of Appeals twice in recent months, the Senate Judiciary Committee will hear legislation that would allow guardians to file for divorce on behalf incapacitated adults.

Senate Bill 59 is one of eight bills on the committee’s agenda Wednesday. Under the proposed bill, a court would be able to grant a guardian’s request for permission to file for divorce only if the guardian proves by a preponderance of the evidence that the dissolution is in the best interest of the protected person.

The guardian must be named in a petition for dissolution of marriage and must file with that petition a copy of the court order granting the request for permission to file the petition.

Indiana law does not currently allow a guardian to petition for dissolution of marriage on a ward’s behalf. The Indiana Court of Appeals issued opinions in October and July on this topic, in one case reversing the grant of a divorce filed by an incapacitated man’s daughters, who are his co-guardians.

The appellate judges cited caselaw from 1951 to support their rulings and also pointed out that the current laws governing dissolution of marriage and guardianship of incapacitated persons do not provide a means for a guardian to file for divorce on behalf of his or her ward. Court of Appeals Judge Paul Mathias wrote in In Re the Marriage of Leora McGee v. Robert McGee, 45A04-1301-DR-33, “In a world full of subsequent marriages and available pre-nuptial agreements, we will not read into a statute such a sweeping and potentially overreaching authority, authority that is not the clearly expressed intent of the General Assembly.”

The committee meets at 9 a.m. in Room 130 at the Statehouse. Also being heard Wednesday:

•    SB 41 provides that property sold at auction in a partition sale shall be sold without relief from valuation or appraisement laws.
•    SB 138, on victim advocates in civil proceedings, removes restrictions on grants from the victim services division of the Indiana Criminal Justice Institute for certain entities to enter into a contract with the domestic violence prevention and treatment council. The bill also provides that a court may allow a victim advocate to attend a civil proceeding and confer with a victim as necessary. A victim advocate is not considered to be practicing law when performing certain services.
•    SB 227 expands immunity from arrest or prosecution for certain alcohol offenses if the arrest or prosecution is due to the person reporting a medical emergency, being the victim of a sex crime, or witnessing and reporting a crime. Current law provides immunity only if the person reports a medical emergency that is due to alcohol consumption.
•    SB 229 on firearm buyback programs
•    SB 305 on Schedule I drugs and “spice”
•    SB 291 on human trafficking investigations
•    SB 312, on the assignment of lottery prizes, allows a person who wins a prize payable in installments from the lottery commission to assign the future prize payments under certain circumstances upon court approval.


 

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  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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