Executive Summary
A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will decide to grant or deny the guardianship. Except for emergency guardianships, which can be granted within a few days, guardianships typically take 4-12 weeks to be granted or denied. The duties of a guardian depend on the type of guardianship sought. Importantly, the article highlights less restrictive alternatives, such as powers of attorney, and emphasizes the importance of working with an experienced attorney to navigate Indiana’s legal requirements efficiently and protect the best interests of the individual in need.
What Is Guardianship in Indiana?
A guardianship is a court-supervised legal arrangement where a judge appoints a responsible person (the guardian) to make decisions for someone who is incapacitated (the ward). Guardianship is commonly used for:
- Minor children without capable parents
- Elderly individuals with dementia or Alzheimer’s disease
- Adults with developmental or intellectual disabilities
- Individuals with serious injuries or illnesses
How to File for Guardianship in Indiana (Step-by-Step)
Filing for guardianship involves several legal steps:
Step 1: File a Petition
Submit a petition in the appropriate Indiana court explaining:
- The identity and personal information of the ward, the proposed guardian, and the ward’s closest blood relatives
- The nature of the ward’s incapacity
- The value and description of the ward’s property
- The requested scope of authority
Once a petition is filed, the court must set a date for a hearing on the issues raised by the petition.
Step 2: Notify Interested Parties
Once a petition for guardianship is filed, Indiana law requires that notice be provided to:
- The ward if they are at least 14 years old
- For minor wards, any living parent of the ward (unless the parent no longer has parental rights)
- For adult wards, blood relatives
The court may also direct notice be served on other individuals at the court’s discretion.
Step 3: Medical Evaluation
For adult guardianships, courts often require documentation from a physician regarding incapacity.
Step 4: Attend a Court Hearing
At the court hearing, the judge evaluates the following factors in making their determination:
- Evidence of incapacity
- The relationship of the proposed guardian to the proposed ward
- Suitability of the proposed guardian
Step 5: Court Appointment
If approved, the court issues official guardianship letters and defines the guardian’s powers.
How Long Does Guardianship Take in Indiana?
- Standard cases: 4–12 weeks
- Emergency guardianships: As fast as a few days
Timing depends on court schedules, complexity, and whether the case is contested.
Cost of Guardianship in Indiana
Costs vary but may include:
- Court filing fees (typically $150–$250)
- Attorney fees
- Medical evaluations
- Ongoing reporting costs
In many cases, these expenses can be paid from the ward’s estate.
Responsibilities of a Guardian
Guardians are fiduciaries and must act in the ward’s best interests. Duties may include:
- Making healthcare decisions
- Managing finances and assets
- Filing annual reports with the court
- Maintaining accurate records
Failure to meet these obligations can result in removal or legal penalties.
Alternatives to Guardianship in Indiana
Courts prefer less restrictive options when possible. Alternatives include:
- Power of Attorney (POA)
- Healthcare Representative Appointments
- Living Trusts
These tools can often avoid the time and expense of court proceedings.
Frequently Asked Questions (FAQs)
Can guardianship be contested?
Yes. Interested parties can object, which may lead to hearings or additional evidence requirements.
Does guardianship remove all decision making from the ward?
Not always. Courts may order limited guardianships to preserve independence.
Why Should I Work With an Indiana Guardianship Attorney?
Guardianship cases involve strict procedural requirements and long-term responsibilities. An experienced attorney can help:
- Prepare and file petitions
- Avoid delays or rejections
- Represent you in court
- Ensure compliance with ongoing legal duties
Talk to an Indiana Guardianship Lawyer Today
If you are considering guardianship for a loved one, sound legal advice can make the process smoother and less stressful. Dixon & Moseley, P.C. attorneys handle all facets of guardianships throughout the State of Indiana. This blog post is written by Dixon & Moseley, P.C. advocates. This blog is not intended as specific legal advice or a solicitation for services. It is an advertisement
