How do I petition for guardianship or conservatorship in Indiana?

1. Terminology. Indiana uses 'guardian of the person' and 'guardian of the estate' for both minors and incapacitated adults.

2. Adult Guardianship. Under Ind. Code § 29-3-5-1, a court may appoint a guardian for an 'incapacitated person' — an adult who is unable, by reason of mental illness, mental deficiency, physical illness, infirmity, habitual drunkenness, excessive use of drugs, incarceration, confinement, detention, or other incapacity, either to manage in whole or in part the individual's property or to provide self-care.

3. Minor Guardianship. Under IC 29-3-5-1, available when parents are deceased, unfit, or consent.

4. Petition. File in the court with probate jurisdiction in the county where the alleged incapacitated person resides (IC 29-3-2-1). Personal service on the respondent at least 10 days before hearing; notice to spouse, adult children, parents.

5. Court Investigator / GAL. The court may appoint a GAL to represent the respondent (IC 29-3-2-3); counsel may be appointed if necessary.

6. Capacity Evaluation. A physician's report or other medical evidence is required; clear and convincing evidence standard (IC 29-3-5-1).

7. Hearing & Order. Respondent has rights to attend, present evidence, and request counsel. Court must consider limited guardianship and the least restrictive alternative.

8. Powers & Duties. Bond required for guardian of estate (IC 29-3-7-1); inventory within 90 days; biennial accounting; court approval for sale of real estate (IC 29-3-9-2).

9. Alternatives. Durable POA (IC 30-5), health care POA (IC 16-36-1), and supported decision-making agreements under IC 29-3-1.5 (adopted 2019).

10. Termination. Termination on restored capacity (IC 29-3-12-1), death, or minor reaching 18.

11. UAGPPJA. Indiana adopted UAGPPJA at Ind. Code § 29-3.5.

This is legal information, not legal advice.