Most people never think about guardianship until they suddenly need it. Then it feels overwhelming. If you have a loved one who can’t make their own decisions, Indiana law has a clear process to help. But you need to know the rules before you start.
Let’s break it all down, step by step.
What Is Guardianship?
Guardianship is a legal arrangement. A court appoints one person, called the guardian, to make decisions for another person, called the ward. The ward is someone who can’t make safe decisions on their own.
This could happen because of age, disability, or illness. Think of it like being given legal keys to help someone who can no longer drive their own life. It’s a big responsibility. And Indiana courts take it very seriously.
Who Needs a Guardian in Indiana?
Wondering if guardianship applies to your situation? Here’s a simple breakdown.
A guardian may be needed for a child whose parents can no longer care for them, or for an adult who can’t manage their own daily affairs because of a mental or physical condition.
You might be thinking of guardianship for:
- An aging parent showing signs of dementia
- A child whose parents have passed away or are unable to care for them
- An adult with a disability who needs help with finances or healthcare
Honestly, these situations are more common than most people realize. You’re not alone in navigating this.
Types of Guardianship in Indiana
Okay, this part is important. Not all guardianships are the same. Indiana offers several types depending on what the person actually needs.
Guardian of the Person
A Guardian of the Person manages the ward’s daily needs, including medical care, housing, and education. This type is focused on personal wellbeing, not money.
Guardian of the Estate
A Guardian of the Estate handles the ward’s financial affairs, such as paying bills, managing property, and overseeing income. This one is all about the finances.
Guardian of the Person and Estate
Plenary guardianship is a comprehensive form that covers both personal and financial decisions. It’s the most complete level of control a court can grant.
Limited Guardianship
Limited guardianship allows the probate court to appoint someone as guardian over only the portion of a person’s life where they are both incompetent and have a need. For example, a guardian might only be appointed for medical decisions, not financial ones.
Pretty straightforward, right? The court tries to give the ward as much independence as possible. More on that in a moment.
Temporary or Emergency Guardianship
Courts may also grant temporary or emergency guardianship when immediate action is necessary, such as in cases of abuse or medical emergencies. A temporary guardianship lasts no longer than 90 days, unless extended for an additional 90-day period for good cause.
The Big 2025 and 2026 Changes You Should Know
Hold on, this part is important. Indiana has recently made some significant updates to its guardianship laws.
Courts must now consider Supported Decision-Making Agreements (SDMAs) before granting guardianship. This is a big deal. It means the court wants to make sure guardianship is truly necessary before taking away someone’s independence.
Indiana Senate Bill 71, a 2026 session measure, includes probate-related provisions and establishes a task force to revise the temporary guardianship code, with an effective date tied to mid-2026.
This signals that Indiana is actively working to improve how guardianship cases are handled. If you’re starting this process now, these changes could affect your case.
How to Get Guardianship in Indiana
So what does the process actually look like? Let me walk you through it.
Step 1: Hire an Attorney
It is always best to get an attorney, and sometimes the court will require you to have an attorney in a guardianship case. Don’t skip this step. The process has a lot of moving parts.
Step 2: File a Petition
You must file a Petition for Guardianship with a court with probate jurisdiction and notify the allegedly incapacitated person, all close family members, and any person or institution having care or custody of the allegedly incapacitated person during the 60 days preceding the filing.
The filing fee for a guardianship petition in Indiana is $177. This covers just the court filing. Attorney fees and other costs are on top of that.
Step 3: Notify Everyone
You are required to publish, for three successive weeks, a notice of the hearing. An affidavit must be filed certifying that you have notified all interested parties of your intent to file a guardianship.
Stay with me here. This notification step trips a lot of people up. Missing it can derail your entire case.
Step 4: Attend the Hearing
A personal appearance is required to be made before the court by the proposed guardian, the ward, and the individual served with the summons. Failure to appear can be detrimental, as the court will likely deny the application as a result.
Step 5: Receive Letters of Guardianship
If a guardian is appointed, the judge will issue the guardian legal documents, often called “letters of guardianship,” permitting the guardian to act on behalf of the legally incapacitated person.
You’re gonna want to keep multiple copies of these letters. You’ll need them often.
Who Can Be a Guardian in Indiana?
Not just anyone can step in as a guardian. Indiana law sets a priority order for who the court considers first.
Priority is given to a parent of the incapacitated person, a person named in the will of a deceased parent, or a person related to the incapacitated person by blood or marriage with whom they have resided for over six months.
The court shall select the best-qualified person to serve as guardian and may pass over a person who has priority if it determines someone else is a better fit. So having priority doesn’t guarantee you’ll be chosen.
The court can also appoint a professional or organization if no suitable family member is available. Indiana’s VASIA programs (Volunteer Advocates for Seniors and Incapacitated Adults) currently assist over 800 vulnerable adults who do not have suitable family or others to care for them.
What Are a Guardian’s Responsibilities?
Wait, it gets more involved. Being a guardian isn’t just about making decisions. You have ongoing legal duties.
A guardian must do everything in the best interests of the protected person, file an inventory of assets if a guardian of the estate, and keep all funds of the protected person completely separate from the guardian’s personal funds.
A guardian must also obtain permission from the court before selling anything of value belonging to the protected person.
Every two years, guardians must file an accounting of income, assets, and expenses with the court and others. Miss this deadline and you could face serious legal consequences.
Honestly, this is the part most people underestimate. Guardianship isn’t a one-time event. It’s an ongoing commitment with real legal obligations.
What Does It Cost?
Let’s be real about the money. Guardianship is not cheap.
In an uncontested situation, attorney and filing fees can reach into the thousands of dollars when applying for guardianship.
The basic filing fee for a guardianship petition in Indiana is $177. But that’s just the start. You’ll also pay attorney fees, publication fees for hearing notices, and other court costs.
Confused about the cost? Here’s some good news. Indiana courts may waive the filing fee and attorney fees based on financial hardship. You can submit an Affidavit in Support of Order Waiving Fees when requesting a waiver.
The Coalition for Court Access at indianalegalhelp.org and local bar associations can assist in finding low-cost or pro bono legal help.
Can Guardianship Be Challenged?
Yep. And it happens more often than you’d think.
If someone believes a guardianship is unnecessary or that the proposed guardian is unfit, they can challenge it in court. This often happens in family disputes or when an adult ward objects to losing their independence.
If you want to contest a guardianship decision, Indiana Appellate Procedure allows for a Petition for Rehearing to be filed within 30 days if there is a material error of law in the initial order or newly discovered evidence that would affect the rights of the parties.
Think of it like appealing a referee’s call. You have a window to raise your objection, but you have to act fast.
Alternatives to Guardianship
Here’s where things get interesting. Guardianship isn’t always the only answer.
Indiana courts now actively encourage people to consider less restrictive options first. This is actually a positive shift in the law.
Alternatives to guardianship include a Power of Attorney, which allows an individual to designate a trusted person to manage their financial or medical affairs; a Healthcare Representative, who can make medical decisions if the individual becomes incapacitated; and Supported Decision-Making Agreements, which provide assistance with decisions without removing legal rights.
So simple! If your loved one can still agree to help and sign documents, one of these alternatives might work just as well. And they’re much easier to set up.
A friend asked me about this recently. They assumed guardianship was the only option for their mom. Turns out, a Healthcare Representative handled everything they needed. Much faster. Much cheaper.
How to Report a Problem With a Guardian
Most guardians do a great job. But sometimes things go wrong.
If a guardian has not performed their duties in good faith or in the best interest of the protected person, there is a process for removal. You can petition the court to have a guardian removed.
If you suspect a vulnerable adult is being abused or exploited by their guardian, contact Indiana Adult Protective Services immediately. You can also reach the court that issued the guardianship order directly.
Don’t wait on this one. Act fast if something feels wrong.
Frequently Asked Questions
How long does guardianship last in Indiana? A guardianship usually lasts until a child turns 18, unless the court ends it earlier. However, it can continue past age 18 if the person is determined to be incapacitated. For adults, guardianship continues until a court ends it or the ward passes away.
Can I file for guardianship without a lawyer? You can file for guardianship without a lawyer in Indiana, though it can be challenging. You will need to complete forms accurately and follow the court’s procedures carefully. However, a lawyer is strongly recommended and sometimes required by the court.
Can a guardian be paid for their time? A guardian is entitled to be paid for their time, but is not required to accept a fee. If you plan to request compensation, document your time carefully.
Can I get guardianship of someone in another county? The guardianship process begins by filing an application with the court in the county where the ward lives at the time of filing. Rules may vary slightly by county, so check local court rules too.
What if there is no family member available to be a guardian? Indiana’s VASIA programs provide volunteer advocates to assist vulnerable adults who do not have suitable family or others to provide for their care. The court can also appoint a professional guardian.
Can a ward object to having a guardian? An adult ward can object to losing their independence, and a judge will review evidence from both sides before making a final decision. The ward’s wishes carry real weight in the process.
Final Thoughts
Guardianship in Indiana is a powerful legal tool. It exists to protect people who truly need help. But it’s also a serious commitment with ongoing court requirements.
Most people don’t realize how much is involved until they’re in the middle of it. Now you have a head start.
Here’s what to remember. Explore alternatives like power of attorney or supported decision-making first. If guardianship is truly necessary, hire an attorney early. File in the right county. Show up to your hearing. And once appointed, keep detailed records and meet every court deadline.
When in doubt, reach out to Indiana Legal Help at indianalegalhelp.org. Free and low-cost legal resources are available across the state.
Now you know the basics. Stay informed, stay prepared, and don’t try to do this alone.
References
- Indiana Code Title 29, Article 3: Guardianships and Protective Proceedings — https://iga.in.gov/laws/2025/ic/titles/29#29-3
- Indiana Judicial Branch: Adult Guardianship Office — https://www.in.gov/courts/iocs/adult-guardianship/
- Indiana Legal Help: Guardianship FAQ — https://indianalegalhelp.org/guardianship-frequently-asked-questions/
- The Arc of Indiana: Guardianship and Alternatives — https://www.arcind.org/future-planning/guardianship/
- Indiana Courts: Special Processes and Procedures Guardianship (Updated July 2025) — https://secure.in.gov/courts/iocs/files/pubs-trial-court-guardianship.pdf
- Indiana 2026 Probate and Guardianship Changes — https://www.indianainjuryandfamilylawyerblog.com/indiana-2026-probate-and-guardianship-changes-that-estate-plans-should-anticipate/
