Guardianship for Adults in Indiana: When It Is Needed and How It Works

When an adult can no longer make decisions for themselves and does not have powers
of attorney in place, a court-ordered guardianship may be required. Here is an overview
of how the process works in Indiana.

What is a Guardianship?

A guardianship is a legal proceeding in which a judge appoints a person, or multiple
people, known as a guardian, to make decisions on behalf of an adult who is unable to
manage his or her own personal or financial affairs. In Indiana, guardianships are
handled by the probate courts. When an individual has become incapacitated due to
conditions such as dementia, a serious illness, a developmental disability, or a traumatic
injury, and does not have an attorney in fact or healthcare representative, a
guardianship might be required to handle that person’s affairs.

Types of Guardianship in Indiana

Indiana law recognizes different types of guardianship to address different needs.

Guardianship of the person grants the guardian authority over the individual’s personal
care, including decisions regarding their residence, medical treatment, and day-to-day
well-being.

Guardianship of the estate of a person involves managing the individual’s financial
affairs by monitoring the individual’s income, maintaining their assets, and paying their
bills and debts.

An unlimited guardianship gives the guardian broad authority over the incapacitated
person’s personal and financial affairs. A limited guardianship restricts the guardian’s
authority to specific areas where the individual needs assistance, while allowing the
individual to retain decision-making authority in other areas of life.

Temporary guardianship may be granted in emergency situations and generally lasts no
longer than ninety days. Indiana courts require those seeking guardianship to show that
less restrictive alternatives were considered, but could not meet the needs of the
individual. If a guardianship is ultimately determined to be necessary, the type offering
the most freedom to the individual while also meeting their specific needs will be
ordered.

How the Guardianship Process Works

To obtain a guardianship over an individual, the potential guardian, often a family
member, friend, or caregiver, files a petition with the probate court in the county where
the allegedly incapacitated person resides. The petition must describe the individual’s
condition and explain why guardianship is necessary.

The potential guardian must give notice to a number of individuals close to the alleged
incapacitated person and a hearing will be held to review evidence supportive of the
petition for guardianship. The judge decides whether the person meets the legal
standard for incapacity and whether guardianship is appropriate. If so, the court
appoints a guardian and issues an order describing the guardian’s powers and any
limits on these powers. The guardian will then have responsibilities over the
incapacitated person and will have to file reports with the court periodically to ensure
proper treatment of the person and/or estate of the incapacitated person.

Alternatives to Guardianship

It is worth noting that guardianship is not the only option for individuals who need
assistance. Alternatives include powers of attorney, healthcare representative
appointments, and supported decision-making agreements, all of which may be
established while the individual still has the capacity to execute legal documents. These
alternatives are generally less expensive, less time-consuming, and less restrictive than
guardianship. Proactive estate planning is one of the most effective ways to avoid the
need for a guardianship proceeding.

If you are considering guardianship for a loved one or want to explore alternatives, the
elder law attorneys at McNeelyLaw can guide you through the process. Contact us
today to discuss your options by calling (317)825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of
any specific facts or circumstances. The contents are intended for general informational
purposes only, and you are urged to consult your own lawyer on any specific legal questions
you may have concerning your situation.