When someone opposes an adult guardianship in Indiana, the court may need to resolve several separate questions: Is the person actually incapacitated? Is guardianship necessary? Could a less restrictive option work? And, if a guardian is needed, who should serve?
A disagreement does not automatically defeat the guardianship, but it can turn the case into a contested court proceeding involving testimony, medical evidence, witnesses, and competing proposals.
At Dillman & Owen Estate and Elder Law, our Indiana guardianship attorneys handle both the planning and litigation sides of these cases.
Why Would Someone Oppose a Guardianship?
There are several reasons a guardianship may become contested.
A parent in Indianapolis may have dementia, but one adult child believes a full guardianship is necessary while another thinks an existing power of attorney is enough.
Two siblings in Carmel may agree that their father needs assistance but strongly disagree about which of them should become the guardian.
Or the person who is the subject of the petition may believe they are still capable of making their own decisions and oppose guardianship altogether.
Those are different disputes, and the court must address the particular issues raised in the case.
Can the Person Facing Guardianship Fight the Petition?
Yes.
An adult alleged to be incapacitated generally has the right to attend the hearing, present evidence, and cross-examine witnesses. Indiana law also allows the court to appoint an attorney when the person does not already have counsel. In some circumstances, the court may appoint a guardian ad litem to protect the person's interests.
The court does not simply accept the petitioner's claim that someone is incapacitated. Evidence has to support both incapacity and the need for guardianship.
What Does the Court Consider in a Contested Guardianship?
The judge may hear medical evidence along with testimony from relatives, caregivers, friends, financial professionals, or others familiar with the person's circumstances.
For an adult guardianship, Indiana law requires the court to determine that the individual is incapacitated and that guardianship is necessary to provide appropriate care or supervision. The court can also limit a guardianship when a person remains capable of making some decisions independently.
Less restrictive alternatives matter too. These can include a power of attorney, health care representative, supported decision-making agreement, representative payee, or other forms of assistance.
What If Everyone Agrees a Guardian Is Needed but Disagrees About Who?
That is another common form of contested guardianship.
Indiana law establishes people who receive priority for consideration, including someone nominated in a durable power of attorney, a spouse, and adult children. But priority does not guarantee an appointment. A judge can select another qualified person if doing so better serves the protected person's interests.
For example, if two siblings in Fishers each seek appointment for their mother, the court may look at their relationships with her, their ability to manage her needs, her own wishes, existing estate-planning documents, and any evidence showing why one candidate may be more suitable.
“When family members disagree about guardianship, the goal is to give the court a clear picture of what is happening outside the courtroom: who has been providing care, what decisions need to be made, what the person wants, and where the real risks are.”
— Maru Sanchez Delucca, Litigation Attorney
Does an Objection Always Lead to a Trial?
No.
Some disputes can be narrowed or resolved through negotiation or mediation. Lisa Dillman is also a registered civil mediator, and the firm recognizes that prolonged litigation is not always the best outcome for a family. At the same time, Dillman & Owen has attorneys with substantial litigation experience when a court decision is necessary.
The court may ultimately appoint the proposed guardian, choose someone else, establish a limited guardianship, enter another protective order, or dismiss the guardianship proceeding if the legal requirements are not met.
Get Help With a Contested Indiana Guardianship
If your siblings disagree about who should care for a parent in Indianapolis, someone is challenging your petition in Noblesville, or you believe a loved one does not need the guardianship another family member is seeking, Dillman & Owen can help you determine what needs to be proven and how to present your position.
With offices in Indianapolis and Noblesville, the firm represents families throughout Central Indiana and combines elder law knowledge with courtroom experience in guardianship conflicts.
Contact Dillman & Owen Estate and Elder Law to schedule a consultation about an Indiana guardianship dispute.
.webp)
.webp)
