Serving Indiana Since 1994

Pursuing guardianship in Indiana

On Behalf of | May 17, 2023 | Family Law

When a person needs a guardianship, their loved ones may not understand the requirements. In Indiana, there are several steps they must follow.

Guardianship overview

A person may need a guardianship when they are unable to make decisions for themselves. Guardianship is a legal arrangement where one person is appointed to make decisions on another person’s behalf. It may apply to minors, people who are incapacitated or who have a developmental disability.

Filing process

The person requesting the guardianship must file a petition with the court. The petition should include information about the person for whom guardianship is needed, the proposed guardian and why the guardianship is required.

All interested parties must receive a copy of the petition. This includes the person that may be subject to the guardianship, their family members or caregivers.

The court will hold a hearing to review the petition and evidence, then will decide whether the guardianship is necessary. It will also decide who should be appointed as the guardian.

The guardian may also be required to attend court-ordered training.

If the court finds that the guardianship is appropriate, it will provide a court order to the guardian. This lays out the limits and scope of the guardian’s authority and responsibilities.

Generally, the guardian will be required to file an annual report with the court to ensure that they are fulfilling their obligations. It’s important for the guardian to keep detailed records of any expenses paid, including items such as clothing, housing and medical care.

The guardianship process can be complex but must be completed correctly to ensure the best outcome for the person who cannot make decisions on their own.