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Legislative Update

Powers of guardian after death

February 5, 2021 Filed Under: Probate

The Senate Judiciary Committee heard SB 276 on powers of guardian after death by Sen. Lanane. This bill authorizes certain guardians to make certain arrangements and control the disposition of a decedent’s body subsequent to the death of a protected person.
The bill was amended by consent to add that the court-appointed guardian is the second in line to make decisions regarding disposition of the body in all ways throughout the Indiana Code.
The Funeral Directors Association sent a letter of testimony in favor of the bill. The following also testified in support of the bill: Indiana AARP, Indiana Association of Area Agencies on Aging, Wings Indiana Guardianship Taskforce, and a guardian/attorney. A representative from Indiana State Bar Association Probate Section gave neutral testimony questioning the bills consistency with the power of attorney statutes.
The amended bill passed 6-5.
Read the bill at: http://iga.in.gov/legislative/2021/bills/senate/276.

Filed Under: Probate Tagged With: guardianship

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