Ward Rights in Indiana Guardianship

Guardianship Doesn't Erase Your Parent's Rights

When an Indiana probate court appoints a guardian for an incapacitated adult, it removes some of the ward's decision-making authority — but not all of it. Indiana law specifically preserves certain rights for the ward, and the guardian has corresponding duties to protect those rights while managing the ward's care and finances.

Many families assume that a guardianship appointment gives the guardian unlimited authority. It doesn't. Understanding what your parent retains — and what the court expects from you as guardian — keeps you on the right side of the law and protects your parent's dignity.

Rights the Ward Retains

Under Indiana Code § 29-3 and related statutes, a ward retains several fundamental rights unless the court's order explicitly removes them:

The right to be treated with dignity and respect. This isn't aspirational language — it's a legal standard. A guardian cannot isolate the ward from social contact, punish them, or use their authority to control behavior that doesn't relate to the ward's safety or welfare.

The right to communicate and visit with family and friends. A guardian cannot cut off the ward's contact with other family members, even during disputes about care decisions. If siblings disagree about your parent's placement, the guardian can make the final placement decision, but they cannot use that authority to restrict visitation.

The right to contest the guardianship. The ward can petition the court at any time to modify or terminate the guardianship. If the ward's capacity improves — through treatment, medication changes, or recovery from a temporary condition — they have the right to seek restoration of their full legal rights.

The right to legal representation. The ward may be represented by an attorney in the guardianship proceeding. If the ward attends the hearing, opposes the petition, and is not represented, the court may appoint counsel; the court determines how the fees are handled.

The right to vote — unless the court's guardianship order specifically removes this right, which requires a separate finding.

The right to make a will — guardianship does not automatically strip testamentary capacity. Under IC § 30-5-5-15, an agent (and by extension a guardian) cannot make or execute a will on behalf of the principal. The ward's right to make their own will is preserved.

Guardian of the Person: Core Duties

If the court appoints you as guardian of the person, you're responsible for your parent's physical care, living arrangements, and medical decisions. Indiana law imposes specific obligations:

Placement decisions. You decide where your parent lives — at home with in-home care, in an assisted living facility, or in a nursing home. The court expects you to choose the least restrictive setting that meets their care needs. Moving a ward to a more restrictive setting without adequate justification can draw court scrutiny.

Medical consent. You authorize or refuse medical treatment on the ward's behalf. For routine care, this authority is broad. For extraordinary measures — major surgery, experimental treatment, or end-of-life decisions — some Indiana courts require prior court approval, particularly if there's no advance directive expressing the ward's own wishes.

Biennial reporting. Under IC § 29-3-9-6, you must file a written status report at least every two years detailing your parent's current residence, physical and mental health, medical care received, and social activity. This report goes to the court and is part of the public record in the GU case file.

Protection from abuse and exploitation. You have an affirmative duty to protect the ward from abuse, neglect, and financial exploitation — including from other family members. If you discover that someone is taking advantage of your parent, you're required to act, which may include reporting to Indiana Adult Protective Services.

Guardian of the Estate: Financial Duties

If you also hold guardianship of the estate, you're a court-supervised fiduciary with strict financial obligations:

Asset inventory. File a comprehensive, verified inventory within 90 days of appointment listing every asset under your control — bank accounts, investments, real property, personal property, income sources.

Prudent management. Manage the ward's assets in their best interest, not yours. You can pay for the ward's care, maintenance, and support from their estate, but you cannot make gifts or other transfers for yourself or others without the required authority. Under IC § 29-3-9-4.5, the court may authorize gifts and other estate-planning actions after notice if the protected person has been found to lack testamentary capacity. You also may not invest in speculative ventures or commingle the ward's funds with your own.

Biennial financial accounting. Every two years, file a detailed accounting following the three-schedule format under IC § 29-1-16-4: all property charged to you (beginning balances plus receipts), all disbursements and losses, and all property currently held. Keep receipts for every expenditure — the court or interested parties can request supporting documentation.

Surety bond maintenance. Keep the guardianship bond current. If the estate's value changes substantially, request a bond adjustment to avoid overpaying premiums.

Court Oversight and Accountability

The probate court doesn't appoint a guardian and walk away. Indiana's guardianship system includes oversight mechanisms:

• The court reviews biennial reports and accountings
• Interested parties (other family members, the GAL) can petition the court if they believe the guardian is failing in their duties
• The Indiana Guardianship Oversight Task Force monitors systemic issues and recommends reforms to the legislature
• The court can remove a guardian who fails to file required reports, mismanages assets, or acts against the ward's interests

If you're removed for cause, the surety company on your bond may be required to compensate the estate for losses — and then pursue you personally for reimbursement.

Avoiding These Obligations Entirely

The reporting, bonding, and court supervision requirements exist because guardianship removes a person's fundamental rights. A Durable Power of Attorney avoids all of it — no court involvement, no bond, no biennial filings, no GAL investigations. The trade-off is that a POA requires your parent's voluntary cooperation while they still have capacity.

The Indiana Power of Attorney & Guardianship Kit covers both paths: the voluntary planning documents that keep your family out of court, and a step-by-step guide to the guardianship process for families who've already passed the capacity window.

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