Adult Guardianship Indiana

When Guardianship Becomes the Only Option

Adult guardianship in Indiana exists for one specific situation: your parent has lost cognitive capacity and did not execute a power of attorney or Advance Directive while they could still sign. Without those voluntary documents in place, there is no legal mechanism for you to manage their finances, make medical decisions, or coordinate their care — except through a court-supervised guardianship under IC 29-3.

This is the path of last resort because it is expensive, public, and strips your parent of civil rights. Filing fees start at $177. Attorney fees typically range from $3,000 to $10,000. The proceedings create a public court record. And the court must find your parent incapacitated, which removes their legal right to manage their own affairs, make their own medical decisions, and control their own finances.

Two Types of Guardianship Cases

Indiana courts recognize two distinct case categories. A standard Guardianship (GU) case covers petitions seeking ongoing judicial appointment over the person, the estate, or both. These appointments are registered in the state's public Guardianship Registry.

A Guardianship Miscellaneous (GM) case handles single-transaction protective proceedings, minor compromises, and confidential health disclosures under IC § 29-3-4. These non-appointment matters stay out of the public registry.

For most families dealing with an aging parent who has lost capacity, the standard GU case is what applies. The petition is filed in the circuit or superior court of the county where your parent resides.

The Physician's Report

The most critical piece of evidence in a permanent guardianship proceeding is the Physician's Report. State Form 45670 is the standard form, though some counties maintain their own variants. The physician must have personally examined the alleged incapacitated person within three months of the petition's filing date.

The report must detail the cognitive and physical diagnoses, rate the severity of the impairment, and state whether the individual is totally or partially incapable of making personal and financial decisions. This last distinction matters — a finding of partial incapacity can support a limited guardianship that preserves some of the ward's autonomy.

Getting this examination completed can be one of the most challenging steps. If your parent refuses to see a doctor for the evaluation, or if their primary care physician is reluctant to fill out the form, you may need to request a court-ordered examination.

The Hearing Process

A permanent guardianship requires a formal evidentiary hearing where the petitioner must prove incapacity by clear and convincing evidence. This is a higher standard than a preponderance of the evidence (used in most civil cases), reflecting the seriousness of removing someone's legal autonomy.

The alleged incapacitated person has significant legal protections. They have the right to attend the hearing, the right to legal representation (court-appointed if they cannot afford an attorney), the right to present witnesses and evidence, and the right to object to the guardianship. If the petition is contested — a sibling disagrees about who should serve as guardian, or the parent opposes the proceeding — the hearing becomes adversarial and significantly more expensive.

Guardian Obligations After Appointment

Appointment as guardian is not the end of the process. It is the beginning of ongoing court-supervised obligations that continue for the duration of the guardianship.

A surety bond must be posted under IC § 29-3-7-1 to protect the ward's estate. The bond amount is typically equal to the value of the ward's personal property plus one year of expected income. A comprehensive, verified inventory of all the ward's property must be filed within 90 days of appointment.

Guardians of the person must file a written status report at least every two years, covering the ward's physical placement, health status, and medical care. Guardians of the estate must file a verified biennial financial accounting in a strict three-schedule format: Schedule I (property chargeable to the guardian), Schedule II (all disbursements and losses), and Schedule III (remaining property held).

Missing these deadlines can result in the court removing the guardian, and the biennial accounting is subject to audit by the county probate clerk.

County-Level Variations

While basic filing fees and statutory requirements are consistent across Indiana, individual counties maintain distinct formatting rules, local forms, and administrative requirements. Marion, Allen, and Hamilton counties — with large elder populations — enforce local probate rules that require county-specific physician report formats, local inventory sheets, and restricted account covenants.

Some counties also mandate that non-professional family guardians complete formal educational training before the court will issue permanent Letters of Guardianship. Check your county's local probate rules before filing.

The Alternative That Avoids All of This

A durable financial POA executed while your parent still has capacity costs a fraction of what guardianship proceedings require. It is private, immediate, and does not strip your parent of their rights. Paired with an Advance Directive appointing a Health Care Representative, it covers both financial and medical decision-making without court involvement.

The Indiana Legal Authority System covers both the voluntary planning path and the guardianship path, with step-by-step guidance for each based on where your family is in the care transition.

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