To become a legal guardian in Indiana, you generally must ask a court to appoint you and show that guardianship is necessary for a minor or an incapacitated adult. The court then decides whether you are qualified, suitable, and willing to serve, while considering the protected person's wishes, family relationships, existing powers of attorney, and best interests.
At Dillman & Owen Estate and Elder Law, we help families throughout Indianapolis and Central Indiana determine whether guardianship is necessary, prepare the required court filings, present evidence, and understand the responsibilities that come with appointment. Our guardianship attorneys also have litigation experience for cases in which family members disagree about who should serve or whether a guardianship is needed at all.
“Guardianship gives someone significant authority over another person's life. We have to look carefully at what help is actually needed and whether guardianship is the right legal tool.”
— Lisa Dillman, Partner
When Is Guardianship Necessary in Indiana?
For an adult, Indiana courts must find both that the person is incapacitated and that guardianship is necessary to provide care or supervision for the person or their property. The court can also create a limited guardianship when the individual is capable of making some decisions independently.
For example, if your mother in Indianapolis is experiencing significant cognitive decline, cannot safely manage her finances, and has no effective power of attorney in place, guardianship may give someone legal authority to protect her.
But if she can still make many decisions with assistance, the court may consider a more limited arrangement. Indiana's guardianship process is intended to preserve as much independence as circumstances reasonably allow.
Do You Have to Consider Alternatives to Guardianship?
Yes, particularly in adult guardianship cases.
An Indiana petition must describe less restrictive alternatives that were considered or tried and explain why those alternatives are insufficient. Those options might include an existing power of attorney, health care representative, supported decision-making arrangement, or another form of assistance, depending on the circumstances.
“Sometimes guardianship is exactly what a family needs. Other times, the right answer is a narrower solution that protects the person without taking away authority they can still exercise for themselves.” — Bradley Owen, Partner
Who Can the Court Appoint as Guardian?
Indiana courts select a qualified person who is suitable and willing to serve. The law gives the court several factors to consider, including:
- The wishes of the person who may need a guardian
- A nomination made in a power of attorney or other document
- A spouse or family relationship
- The proposed guardian's relationship with the individual
- The individual's best interests
Indiana law also establishes an order of people entitled to consideration, beginning in many adult cases with someone previously designated in a durable power of attorney, followed by others such as a spouse or adult child. The judge can pass over someone with higher priority when another appointment better serves the person's interests.
Certain criminal convictions can legally disqualify a person from serving. Background-check requirements also apply in specified minor guardianship proceedings, rather than universally to every Indiana guardianship.
What Happens During an Indiana Guardianship Case?
The process generally begins with a petition filed in the appropriate court, followed by legally required notice and a hearing. Adult guardianship cases also require evidence establishing incapacity and the need for guardianship.
If you are seeking guardianship for a parent in Indianapolis, for example, Marion County rules generally require a treating physician's report or other supporting medical evidence in an adult incapacity case. The alleged incapacitated adult ordinarily must also attend the hearing unless sufficient grounds exist for their absence.
Hamilton County has similar local requirements for adult guardianship proceedings, including medical evidence of incapacity.
So, if your father is receiving care in Noblesville or an adult child with disabilities in Fishers needs continuing decision-making support, the legal process may involve both statewide Indiana law and the procedures of the local court.
What Happens After You Become a Guardian?
Appointment is the beginning of an ongoing legal responsibility.
A guardian of the person generally must report to the court at least every two years unless the court orders otherwise. A guardian responsible for property has additional inventory and accounting duties. The court may also limit the guardian's authority to fit the person's actual needs.
Get Help With a Guardianship in Indiana
If you are facing a parent's declining capacity in Indianapolis, helping an adult child with disabilities in Carmel or Fishers, or dealing with a disputed guardianship elsewhere in Central Indiana, Dillman & Owen can help determine what authority is needed and how to obtain it.
The firm combines elder law and guardianship experience with substantial courtroom experience and a broader understanding of the medical, financial, and care issues families may be facing. With offices in Indianapolis and Noblesville, the team serves families throughout Central Indiana.
Contact Dillman & Owen Estate and Elder Law to schedule a consultation and determine whether guardianship is the right next step for your family.
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