SB 71 IN

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Became Law

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.

• Cyndi Carrasco Republican · author
• Eric Koch Republican · author
• Chris Jeter Republican · sponsor

1. Dec 8, 2025 First reading: referred to Committee on Judiciary · upper
2. Dec 8, 2025 Senator Koch added as second author · upper
3. Dec 8, 2025 Authored by Senator Carrasco · upper
4. Dec 10, 2025 Committee report: do pass, adopted · upper
5. Jan 8, 2026 Second reading: amended, ordered engrossed · upper
6. Jan 8, 2026 Senator Randolph added as coauthor · upper
7. Jan 8, 2026 Amendment #1 (Carrasco) prevailed; voice vote · upper
8. Jan 12, 2026 Third reading: passed; Roll Call 17: yeas 48, nays 0 · upper
9. Jan 12, 2026 House sponsor: Representative Jeter · upper
10. Jan 13, 2026 Referred to the House · upper
11. Jan 20, 2026 First reading: referred to Committee on Judiciary · lower
12. Feb 9, 2026 Committee report: amend do pass, adopted · lower
13. Feb 12, 2026 Second reading: ordered engrossed · lower
14. Feb 16, 2026 Third reading: passed; Roll Call 249: yeas 89, nays 0 · lower
15. Feb 17, 2026 Returned to the Senate with amendments · lower
16. Feb 25, 2026 Senate dissented from House amendments · upper
17. Feb 25, 2026 House advisors appointed: Prescott, Davis, Garcia Wilburn · lower
18. Feb 25, 2026 House conferees appointed: Jeter, Burton · lower
19. Feb 25, 2026 Senate conferees appointed: Carrasco, Randolph Lonnie M · upper
20. Feb 25, 2026 Senate advisors appointed: Taylor G, Koch · upper
21. Feb 25, 2026 Motion to dissent filed · upper
22. Mar 5, 2026 Signed by the Governor · executive
23. Mar 5, 2026 Public Law 105 · upper
24. Feb 27, 2026 Signed by the President Pro Tempore · upper
25. Feb 27, 2026 Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 411: yeas 93, nays 2 · lower
26. Feb 27, 2026 CCR # 1 filed in the Senate · upper
27. Feb 27, 2026 CCR # 1 filed in the House · lower
28. Feb 27, 2026 Signed by the President of the Senate · upper
29. Feb 27, 2026 Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 315: yeas 49, nays 0 · upper
30. Feb 27, 2026 Signed by the Speaker · lower