Cost of Guardianship in Indiana

The Upfront Costs

Guardianship in Indiana is not cheap, and the costs hit at multiple stages. Here is what families should expect to pay before the guardian is even appointed.

The court filing fee is $177, payable when the petition is submitted to the circuit or superior court. If the petitioner cannot afford this, Indiana courts accept an Indigency Affidavit to request a fee waiver — but the waiver is not automatic and requires disclosing financial circumstances to the court.

A physician's evaluation is required for a permanent guardianship to document the alleged incapacitated person's cognitive and physical condition. The evaluation must use State Form 45670 (or a county-specific variant) and must be completed within three months of the petition's filing date. Physician evaluation fees typically run $200 to $500, though some primary care physicians will complete the form during a routine office visit covered by insurance or Medicare.

Attorney fees represent the largest upfront cost. Attorney and notice fees for a guardianship typically range from $3,000 to $10,000 or more, depending on complexity and whether the proceeding is contested.

The Surety Bond

Once the court appoints a guardian of the estate, IC § 29-3-7-1 requires posting a corporate surety bond to protect the ward's assets against mismanagement. The bond amount is typically equal to the value of the ward's personal property plus one year of expected income.

Bond premiums run approximately 0.5% to 1% of the estate value annually, paid for the duration of the guardianship. For a ward with $200,000 in personal property and $30,000 in annual income, the bond amount would be $230,000; the premium depends on the estate value and the provider's terms.

Some courts will waive the surety bond if the guardian agrees to place the ward's assets in a restricted, court-supervised bank account. This eliminates the bond premium but limits the guardian's ability to manage investments or respond quickly to financial needs.

Ongoing Costs

The costs do not stop after appointment. Guardians face ongoing administrative and reporting expenses throughout the duration of the guardianship.

Biennial financial accountings are required under IC § 29-3-9-6. These must follow a strict three-schedule format detailing all property charged to the guardian, all disbursements and losses, and all remaining property. Preparing these accountings to the court's standards often requires professional help — either from an attorney or an accountant. Marion and Allen counties charge separate audit fees to review the submitted accountings.

Guardians of the person must file a written status report at least every two years, covering the ward's residence, health status, and services received. While this report is less complex than the financial accounting, it still requires gathering current medical and placement information.

A final accounting must be filed within 30 days of the guardianship's termination (typically upon the ward's death or restored capacity). This triggers another round of professional preparation fees.

Fee-Shifting: Who Actually Pays

Under IC § 29-3-9-9, the court may authorize the guardian's reasonable legal fees and administrative expenses to be paid from the ward's estate, provided the services are in the ward's best interest. This means the parent's own assets often fund the guardianship that removes their autonomy — an outcome that strikes many families as deeply unfair but is standard practice.

This fee-shifting applies to expenses the court finds reasonable and in the ward's best interest; it does not automatically make every party's legal fees payable from the ward's estate.

The Cost Comparison

A durable financial power of attorney, executed while a parent still has capacity, sidesteps nearly all of these costs. Self-drafted templates cost nothing. Attorney-assisted POAs typically run $1,000 to $5,000. There are no filing fees, no surety bonds, no biennial court reports, and no ongoing administrative overhead.

The total cost of an uncontested Indiana guardianship — filing fee, physician evaluation, attorney fees, and first-year bond premium — easily reaches $5,000 to $8,000 before any ongoing expenses. A contested guardianship can exceed $15,000. Over a multi-year guardianship with biennial accountings, cumulative costs can consume a significant portion of a modest estate.

The Indiana Legal Authority System provides the tools to establish legal authority through the voluntary POA path, along with guidance on the guardianship process for families where capacity has already been lost.

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