Indiana Guardianship Fee Waiver and Indigency Affidavit

When the Filing Fee Is a Barrier

Indiana's standard guardianship filing fee is $177. For families already stretched thin by their parent's care costs — paying for home health aides, medication, transportation to doctor's appointments — that fee can be the barrier that delays a guardianship petition by weeks or months.

Indiana courts provide a mechanism for petitioners who cannot afford court fees: the Indigency Affidavit. It's not automatic, and it doesn't eliminate every cost in a guardianship case, but it can remove the filing fee barrier that keeps families from getting the legal authority they need.

How the Indigency Affidavit Works

An Indigency Affidavit is a sworn statement filed with the court at the same time as your guardianship petition. Under IC § 33-37-3-2, the statement must declare under oath that you cannot pay the required fees or give security because of indigency, that you believe you are entitled to the relief sought, and the nature of the action.

The affidavit requires you to disclose:

• Your monthly income from all sources
• Your monthly expenses (rent/mortgage, utilities, food, medical costs, childcare)
• Your assets (bank accounts, vehicles, property)
• Any public benefits you receive (Medicaid, SNAP, SSI, TANF)
• The number of dependents in your household

Indiana's indigency statute does not set a single income cutoff. The court or clerk may review the sworn request, and the court may review or modify a finding of indigency if circumstances change. Receipt of means-tested public benefits (like Medicaid or SSI) can support the request, but it is not an automatic substitute for the required statement.

What Fees Can Be Waived

The fee waiver may cover required fees and court costs associated with the petition, subject to the relief granted by the clerk or court:

• The filing fee ($177 for a guardianship petition) — this is the primary cost the affidavit targets
• Service fees for serving notice on the proposed ward and interested parties
• Other required court costs ordered or assessed in the proceeding, such as service costs

The waiver generally does not cover:

• Your own attorney fees — if you hire a lawyer to prepare and file the petition, their fees are your responsibility (though some legal aid organizations provide free representation)
• The physician's evaluation — the doctor who completes the Physician's Report (State Form 45670) sets their own fee for the examination
• Court-appointed counsel and guardian ad litem fees — these are separately governed and are not automatically covered by the petitioner's waiver; the court determines appointment, compensation, and allocation
• Surety bond premiums — bond companies charge their own premiums based on the estate's value and the guardian's credit

Where to Get the Form

Each Indiana county may have its own version of the Indigency Affidavit. Start with:

1. The clerk of the court in the county where you're filing. Most clerks' offices have the form available at the counter or on their website.
2. Indiana Legal Help (indianalegalhelp.org) — the state's free legal resource portal, backed by the Indiana Bar Foundation, has standardized court forms and instructions.
3. Your local legal aid organization — Indiana Legal Services and area-specific legal aid groups can help you complete the affidavit and, in some cases, represent you in the guardianship proceeding at no cost.

Other Cost-Reduction Strategies

Beyond the fee waiver, several options can reduce the total cost of a guardianship proceeding:

Pro bono and legal aid representation. Indiana Legal Services (indianalegalservices.org) provides free legal assistance to income-qualifying residents. Some county bar associations maintain pro bono panels for guardianship cases. The Indiana Guardianship Oversight Task Force has advocated for expanded access to free legal help in guardianship matters.

Self-representation. Indiana allows pro se (self-represented) guardianship petitions. The court forms are publicly available, and some counties offer self-help resources or facilitators who can guide you through the paperwork. Self-representation is harder in contested cases but viable for straightforward, uncontested guardianships where the family agrees on the need and the proposed guardian.

Requesting a reduced bond. If you're appointed guardian of the estate, ask the court to approve a restricted (blocked) bank account instead of a full surety bond. This eliminates the annual bond premium while still protecting the ward's assets. See our full guide on Indiana guardianship bond requirements.

Estate-paid costs. Under IC § 29-3-9-9, when a guardian is appointed, reasonable medical, professional, and attorney fees for the proceeding are paid from the protected person's property as required or approved by the court. Other proceedings that benefit the protected person or their property may also be paid from the estate as the court approves.

The Bigger Cost Comparison

Even with fee waivers, guardianship is the most expensive path to legal authority over a parent's care. The total cost — filing fees, physician evaluation, potential attorney fees, bond premiums, and biennial accounting requirements — typically runs $3,000 to $10,000 or more over the life of the guardianship.

A Durable Financial Power of Attorney and Healthcare Representative Appointment, established while your parent still has cognitive capacity, provide the same authority at a fraction of the cost and with no court involvement. The Indiana Power of Attorney & Guardianship Kit covers both tracks — voluntary planning documents for families who can still avoid court, and the guardianship petition process (including fee waiver guidance) for families who've passed that window.

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