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Guardianship in Indiana: How It Works for an Aging Parent

In Indiana, a probate court decides whether an adult is an "incapacitated person" and who becomes guardian. Here is how the Indiana Code's guardianship article works, from the petition to the biennial account.

By naveen · Updated October 13, 2026 · How we research our guides

Guardianship is the court process a family turns to when a parent can no longer make decisions and nothing was signed in time: no financial power of attorney and no advance directive naming a health care representative. Indiana's law is Title 29, Article 3 of the Indiana Code, "Guardianships and Protective Proceedings," and the case is heard by the court with probate jurisdiction in your parent's county. The article also covers minors; this guide is about adults.

What is guardianship in Indiana?

It's a court appointment of a fiduciary "responsible as the court may direct for the person or the property of an incapacitated person" (IC 29-3-1-6). Indiana doesn't split the roles into two words. The same section says "The terms guardian and conservator are interchangeable."

Indiana's term for an adult who needs one is "incapacitated person": someone unable "to manage in whole or in part the individual's property," unable "to provide self-care," or both, because of mental or physical illness, infirmity, undue influence of others or another incapacity (IC 29-3-1-7.5). Once a guardian is appointed, your parent is a "protected person."

The code itself doesn't define "guardian of the person" or "guardian of the estate." For how this compares in general terms, see our overview of conservatorship and guardianship.

When does a parent need one, and what are the alternatives?

A parent needs one only when the court finds both that they are incapacitated and that a guardian "is necessary as a means of providing care and supervision of the physical person or property" (IC 29-3-5-3). If a guardianship isn't in your parent's best interests, the court can treat the petition as one for a protective order, enter another order, or dismiss it.

The petition must include "A description of the petitioner's efforts to use less restrictive alternatives before seeking guardianship," and why each wasn't used or isn't enough (IC 29-3-5-1). The statute's list of less restrictive alternatives includes a supported decision making agreement, technology, a representative payee, a health care representative and a power of attorney (IC 29-3-1-7.8).

• Documents your parent may still be able to sign. A power of attorney and an advance directive both survive a later guardianship. "A guardian does not have power, duty, or liability with respect to property or personal health care decisions that are subject to a valid power of attorney" (IC 30-5-3-4), and a health care representative keeps their authority unless the court changes it after a hearing (IC 16-36-7-36).
• Supported decision making. Your parent chooses supporters in a written, dated agreement signed before a notary (IC 29-3-14). An adult can make one "even if the adult does not have the capacity to independently manage the adult's own health care, legal matters, or financial affairs," and a court can't treat it as evidence of incapacity.
• Health care without a document. If your parent can't consent and has no advance directive in effect, a proxy can decide, in order: a guardian or court-appointed health care representative, then a spouse, an adult child, a parent, an adult sibling and further relatives (IC 16-36-7-42).
• A single court order. After a hearing, the court can issue a protective order "without the appointment of a guardian," for example to approve a sale or set up a trust (IC 29-3-4-1).
• Small estates. If your parent's entire property is worth no more than $10,000, the court can have it held by a suitable person without a guardian (IC 29-3-3-2).

Who can be the guardian?

The court appoints "a qualified person or persons most suitable and willing to serve," giving weight to your parent's own requests and best interest (IC 29-3-5-4). Under IC 29-3-5-5, these people are entitled to consideration in this order:

1. A person designated in a durable power of attorney.
2. A person designated as a standby guardian.
3. Your parent's spouse.
4. An adult child.
5. A parent of your parent, or someone a parent nominated.
6. A relative your parent has lived with for more than six months before the petition.
7. A person your parent nominated who is caring for or paying for their care.

The court "may pass over a person having priority and appoint a person having a lower priority or no priority." A power of attorney nomination carries extra weight: "The court shall make an appointment in accordance with the principal's most recent nomination in a power of attorney except for good cause or disqualification" (IC 30-5-3-4).

A sexually violent predator, or a person convicted of the sex offenses listed in IC 29-3-7-7, can't serve. When no suitable family is available, the court can appoint a volunteer advocates program certified by the Indiana Supreme Court (IC 29-3-8.5-1).

How do you get guardianship of a parent in Indiana?

You file in the county where your parent lives, judged by "actual presence rather than technical domicile" (IC 29-3-2-5). There's no single statewide forms set on the court pages we read; the Supreme Court's Adult Guardianship Office says "Please contact your county clerk to ask about the forms to fill out when filing a guardianship."

1. Gather medical evidence. The petition must state "The nature of the incapacity," but the code doesn't prescribe a medical form. The Indiana Supreme Court's Guardianship Oversight Task Force, in its final report, notes that "many courts have created their own forms," and that some local rules use a Physician's Report form. In Monroe County's packet, one county's example, your parent's regular treating physician completes it, rating each kind of decision as yes, "WITH SUPPORT," no or unknown. If a provider won't release records, the court can order disclosure (IC 29-3-4-1.5).
2. File the verified petition. It lists your parent's condition, property, income and closest relatives, any limits you want, your reasons, and the alternatives considered (IC 29-3-5-1).
3. Give notice. Notice goes by e-filing or first class mail to your parent, their spouse and adult children, anyone caring for them, and any known attorney in fact under a durable power of attorney (IC 29-3-6-1). The statutory form tells your parent they "may attend the hearing and be represented by an attorney" (IC 29-3-6-2).
4. Representation. Unless your parent already has a lawyer, the court may appoint one. The court "shall appoint a guardian ad litem" if it finds your parent isn't adequately represented by counsel (IC 29-3-2-3). It can also order a state social services investigation (IC 29-3-9-11).
5. The hearing. Your parent must attend unless the court finds, on evidence, that attending is impossible or impractical, would threaten their health or safety, or that they knowingly consented or waived notice. Your parent "may present evidence and cross-examine witnesses at the hearing," and a jury decides if one is requested at least 72 hours before the hearing and within 30 days after notice is served. The sections we read don't state a burden of proof.
6. Bond, oath and letters. Letters issue once the guardian files any required bond and swears to "faithfully discharge the duties of the guardian's trust according to law" (IC 29-3-7-3). Limits on a limited guardian must appear on the letters.

What about an emergency?

Indiana's emergency tool is a temporary guardian. Under IC 29-3-3-4, if no guardian is in place, "an emergency exists," your parent's welfare requires immediate action, and "no other person appears to have authority to act in the circumstances," the court can appoint one "for a specified period not to exceed ninety (90) days," with one extension of up to 90 more days after notice and a hearing.

The court can skip advance notice only if it finds that "immediate and irreparable injury" to your parent, or loss to their property, may happen before your parent can be heard. If your parent then asks to end or change the order, the court must hear it "at the earliest possible time." A temporary guardian has "only the responsibilities and powers that are ordered by the court," limited to preventing immediate and substantial injury or loss. If your parent is in a hospital, you can file in that county (IC 29-3-2-2). That "no other person" condition is one more reason signed documents matter.

What does a guardian have to do?

The guardian is responsible for your parent's care, custody and property "to the extent ordered by the court" (IC 29-3-8-1), and must "Encourage self-reliance and independence of the protected person" (IC 29-3-8-3). The main duties:

• Bond. Unless the court finds it unnecessary, the guardian files a bond, by default covering the property plus a year's estimated income (IC 29-3-7-1).
• Inventory. "Within ninety (90) days after appointment," the guardian files a complete inventory and notifies everyone who got notice of the hearing (IC 29-3-9-5).
• Accounts. "Unless otherwise directed by the court," a guardian files a written verified account "at least biennially, not more than thirty (30) days after the anniversary date of the guardian's appointment," and again within 30 days after the appointment ends (IC 29-3-9-6). Each must describe your parent's residence and condition, with "a specific showing of whether guardianship is still necessary and appropriate." The court holds a hearing on each.
• Training. We don't find a training requirement in the article. The Task Force report says "There is currently no formal educational or training requirement for Indiana guardians" and recommends one.

Some decisions need the court first:

Contracts your parent signs after the appointment are void (IC 29-3-8-5). For suspected abuse or exploitation, Indiana's Adult Protective Services says "everyone is required by law to report" it to APS or law enforcement; our guide to protecting a parent from scams covers the warning signs.

What rights does your parent keep, and how does it end?

Your parent keeps whatever the order doesn't take, and in a limited guardianship the court's orders must "encourage development of the incapacitated person's self-improvement, self-reliance, and independence" (IC 29-3-5-3). At any time, on its own motion or your parent's petition, the court can limit or expand the guardian's powers and issue revised letters (IC 29-3-8-8). We don't find a separate bill of rights for protected persons in the article.

A guardianship can be changed or ended:

• Asking the court. Your parent "or any other person may petition for an order that the protected person is no longer an incapacitated person," and "A request for an order may also be made informally to the court" (IC 29-3-12-3). Knowingly interfering with that request is contempt of court. The original order can set a waiting period of up to one year before such a petition needs court approval.
• Termination. The court "shall terminate" the guardianship when it finds your parent is no longer incapacitated, or at death, and may end it when it's "no longer necessary for any other reason" (IC 29-3-12-1).
• Removal. The court can remove a guardian after notice and a hearing, including on your parent's petition (IC 29-3-12-4).

The Task Force report says Indiana lacks "a routine or easily accessible method" to challenge a guardianship; its recommendations aren't law.

How much does it cost?

The base fee is set by statute: a probate costs fee of $120 for each action filed under Title 29 (IC 33-37-4-7), plus smaller fees. The Indiana Supreme Court's Trial Court Fee Manual, current through the 2026 session, totals probate filing fees at $177, or $205 with the sheriff's $28 service fee.

Ask the county clerk about a fee waiver. Once a guardian is appointed, "the guardian shall pay all expenses of the proceeding, including reasonable medical, professional, and attorney's fees, out of the property of the protected person" (IC 29-3-9-9). Attorney fees are separate, and none of the sources on this page sets them; an elder law attorney can explain what to expect.

Frequently asked questions

Does my parent get a lawyer in an Indiana guardianship case?

Not automatically. Your parent may attend and be represented by a lawyer, and unless they already have one, the court may appoint an attorney. The court must appoint a guardian ad litem if it finds your parent isn't adequately represented by counsel. Your parent can present evidence, cross-examine witnesses and request a jury.

How long does an emergency guardianship last in Indiana?

A temporary guardian can be appointed for a specified period of no more than 90 days, and after notice and a hearing the court can grant one extension of up to 90 more days for good cause. The temporary guardian has only the powers the court orders, limited to preventing immediate and substantial injury or loss.

Can a power of attorney avoid guardianship in Indiana?

It can help. The petition must explain why alternatives such as a power of attorney weren't enough, and a guardian has no power over decisions covered by a valid power of attorney. A power of attorney can also nominate a guardian, which the court must follow except for good cause or disqualification. Your parent has to be able to sign it.

What is the difference between a guardian and a conservator in Indiana?

In Indiana there isn't one. The statute says the terms guardian and conservator are interchangeable. A guardian can be responsible for your parent's person, their property, or both, as the court directs, and the court can limit the guardian's powers to specific areas so your parent keeps control of the rest.

How often does an Indiana guardian report to the court?

Unless the court directs otherwise, a guardian files a written verified account at least every two years, within 30 days after the anniversary of the appointment, and again when the appointment ends. Each account must show whether the guardianship is still necessary and whether less restrictive alternatives were considered. The inventory is due within 90 days.

Can a guardianship in Indiana be ended?

Yes. Your parent or anyone else can petition the court for a finding that your parent is no longer incapacitated, and your parent can also ask the court informally. The court must end the guardianship when it finds your parent no longer incapacitated, and may end it when it's no longer necessary for any other reason.

Getting started

Guardianship is what's left when a parent can no longer sign. If your parent still can, a power of attorney and an advance directive let them choose who acts for them, and a power of attorney can name the guardian if a court is ever needed. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.

Build your plan

Sources

• Indiana Code Title 29, Article 3: Guardianships and Protective Proceedings, on the General Assembly's official code site.
• IC 29-3-5-1, Petitions for appointment of a guardian: the petition and your parent's rights at the hearing.
• IC 30-5-3-4, Guardians and powers of attorney: nominations, and how a power of attorney survives a guardianship.
• IC 33-37-4-7, Probate costs fee: the statutory filing fee.
• Indiana Trial Court Fee Manual: statewide probate fee totals.
• Indiana Supreme Court, Adult Guardianship Office: the guardianship registry and where to get forms.
• Guardianship Oversight Task Force Final Report: the Supreme Court task force's findings and recommendations.
• Monroe County Adult Guardianship Packet: one county's petition and Physician's Report forms.
• Indiana Adult Protective Services: reporting suspected abuse or exploitation.

More on what this tool does and doesn't do, or browse everything we've written.