In light of the 2013 case finding that a guardian could not file for divorce (which shocked a lot of practitioners), the legislature amended the guardianship statute to expressly allow this effective 7/1/14.

IC 29-3-6-3 (a) (5) now provides that a guardian has the authority to file:

“a petition to request the authority to petition for¬†dissolution of marriage, legal separation, or annulment of

marriage on behalf of the protected person as provided in I.C. 29-3-9-12.2.”

 

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