SB0071 — A BILL FOR AN ACT to amend the Indiana Code concerning probate.

Summary

Establishes the guardianship code revision task force (task force) to study a recodification of the current guardianship code with any necessary changes. Allows a person indebted to a minor or having possession of property belonging to a minor to pay the debt or deliver the property without a court order in an amount up to $25,000 and to pay the debt or deliver the property to a custodian under the Indiana Uniform Transfers to Minors Act. Specifies that a court may do the following when issuing a protective order: (1) authorize delivery of property to a custodian under the Indiana Uniform Transfers to Minors Act; and (2) order a trustee, custodian, or other person to file periodic reports concerning certain property transactions of a minor. Allows a person having the care and custody of a minor with whom the minor resides to petition a court to compromise a claim on behalf of the minor. Requires a court to hold a hearing on certain petitions concerning a proposal to compromise a claim on behalf of a minor and allows a court to appoint a guardian ad litem, an attorney, or other representative to represent the best interest of the minor in the proceeding. Provides that, under the Indiana Uniform Transfers to Minors Act, a trustee or administrator of certain plans may transfer funds due under a plan to the custodian of a minor who is designated as a beneficiary. Allows a custodian to transfer part or all of the minor's custodial property out of the custodial form under the Indiana Uniform Transfers to Minors Act to certain types of trusts or accounts without a court order. Provides that when a power of appointment in a trust (earlier power) is exercised to create another power of appointment (subsequent power) or another nonvested property interest, then the subsequent power or nonvested property interest created through the exercise of the earlier power is considered to have been created at the time of the creation of the earlier power, unless: (1) the instrument creating the earlier power; or (2) the instrument exercising the earlier power; explicitly provides that the subsequent power or nonvested property interest is considered to have been created at the time of the irrevocable exercise of the earlier power. Specifies that language conferring general authority in a power of attorney with respect to personal or family maintenance authorizes an attorney in fact to take certain actions on behalf of the principal for the benefit of the principal and the principal's spouse, children, and other persons customarily supported by the principal. Removes the authorization to employ or contract with servants or companions from the description of health care powers. Provides that the application is only to a lifetime or inter vivos transfer of property to a trust or similar arrangement under which the spouse of the transferor is granted an earlier power that can be exercised during the spouse's lifetime or upon the spouse's death to create a subsequent limited power of appointment or another nonvested property interest. Provides that the exercise of the earlier power or another nonvested property interest is considered to have been created at the time of the creation of the earlier power by the transferor. Specifies that certain written agreements executed between an owner of residential real property and a family member, attorney in fact, health care representative, or guardian that provide for an ownership interest in the residential real property are not prohibited residential real estate service agreements.

Bill Text

Action History

1. February 27, 2026

   Signed by the Speaker

2. February 27, 2026

   Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 315: yeas 49, nays 0

3. February 27, 2026

   Signed by the President of the Senate

4. February 27, 2026

   CCR # 1 filed in the House

5. February 27, 2026

   CCR # 1 filed in the Senate

6. February 27, 2026

   Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 411: yeas 93, nays 2

7. February 27, 2026

   Signed by the President Pro Tempore

8. March 05, 2026

   Public Law 105

9. March 05, 2026

   Signed by the Governor

10. February 25, 2026

    Motion to dissent filed

11. February 25, 2026

    Senate advisors appointed: Taylor G, Koch

12. February 25, 2026

    Senate conferees appointed: Carrasco, Randolph Lonnie M

13. February 25, 2026

    House conferees appointed: Jeter, Burton

14. February 25, 2026

    House advisors appointed: Prescott, Davis, Garcia Wilburn

15. February 25, 2026

    Senate dissented from House amendments

16. February 17, 2026

    Returned to the Senate with amendments

17. February 16, 2026

    Third reading: passed; Roll Call 249: yeas 89, nays 0

18. February 12, 2026

    Second reading: ordered engrossed

19. February 09, 2026

    Committee report: amend do pass, adopted

20. January 20, 2026

    First reading: referred to Committee on Judiciary

21. January 13, 2026

    Referred to the House

22. January 12, 2026

    House sponsor: Representative Jeter

23. January 12, 2026

    Third reading: passed; Roll Call 17: yeas 48, nays 0

24. January 08, 2026

    Amendment #1 (Carrasco) prevailed; voice vote

25. January 08, 2026

    Senator Randolph added as coauthor

26. January 08, 2026

    Second reading: amended, ordered engrossed

27. December 10, 2025

    Committee report: do pass, adopted

28. December 08, 2025

    Authored by Senator Carrasco

29. December 08, 2025

    Senator Koch added as second author

30. December 08, 2025

    First reading: referred to Committee on Judiciary

Sponsors

• Cyndi Carrasco · Primary

Votes

Subjects