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Adult Guardianship in Indianapolis
Guardianship is a court-supervised legal relationship where a judge appoints someone (the guardian) to make decisions for an adult (the ward) who can no longer make their own decisions due to incapacity. Indiana guardianship law distinguishes between guardianship of the person (medical and personal care decisions) and guardianship of the estate (financial decisions). Before pursuing guardianship, the law requires exploring less restrictive alternatives like power of attorney or healthcare directives, which preserve the person’s independence and dignity.
When Is Guardianship Necessary?
Guardianship becomes necessary when an individual lacks mental capacity to make important decisions and no existing legal power of attorney or healthcare directive covers the situation. This might arise from dementia, traumatic brain injury, severe stroke, developmental disability, other conditions affecting judgment and decision-making ability, and even age in the case of minor children.
Without guardianship, banks won’t let you access your incapacitated parent or spouse’s accounts, hospitals won’t let you make medical decisions, and you have no legal authority to manage their affairs — even if you’re their child or spouse. Guardianship solves this by giving the court’s formal backing to your role. The tradeoff is that guardianship removes the incapacitated person’s legal rights, costs money, and requires ongoing court oversight.
This is why planning ahead — putting powers of attorney and healthcare directives in place while your loved one still has mental capacity — is so valuable. A power of attorney avoids guardianship entirely by letting your loved one voluntarily authorize you to manage finances. Healthcare directives including a healthcare power of attorney lets your loved one decide in advance who makes medical choices and even what choices they want made if they become unable. Both preserve dignity and autonomy in a way guardianship cannot.
The Indiana Guardianship Process
Guardianship of the Person vs. Estate
Guardianship of the person gives the guardian authority to make decisions about where the ward lives, medical treatment, education (if a minor), and daily care. Guardianship of the estate gives the guardian authority over finances, property, and money. You can have one without the other, or both. The court determines the scope based on the ward’s actual incapacities. Someone may be fully capable of managing their finances but unable to make medical decisions, or vice versa. Indiana Code Section 29-3-1-1 et seq. governs the process.
The County Court Process
In many Counties, guardianship petitions are filed in the Probate Court Division. You must file a petition showing the proposed ward’s incapacity (usually supported by medical evaluations), identify the proposed guardian, list the ward’s assets if guardianship of the estate is requested, and serve notice on the incapacitated person and their family and other interested parties. Indiana law requires the incapacitated person to have a chance to contest the guardianship, which may include a hearing before a judge. The judge will typically appoint a guardian ad litem to represent the incapacitated person’s interests.
Once a guardianship is established, the guardian must file annual accountings with the court (especially important for guardianships of the estate), report on the ward’s condition, and can’t take major actions without court permission. This oversight protects the ward but also makes guardianship more burdensome than a power of attorney.
Alternatives to Guardianship
Indiana law prioritizes alternatives to guardianship because guardianship removes the person’s rights. A durable power of attorney, drafted while your loved one still has capacity, lets them voluntarily authorize you to manage their finances without court involvement. A healthcare representative designation (healthcare power of attorney) lets them choose who makes medical decisions. A representative payee arrangement (for Social Security) or ABLE account (for disabled adults) may address specific financial needs. Conservatorships (limited guardianships) may suffice if the person only needs help with certain decisions.
The key: if someone still has capacity, get documents in place. If they’ve lost capacity, guardianship may be unavoidable, but understanding the alternatives helps families make informed choices.
How We Guide You
Our approach starts with honest conversation. We listen to your situation and explain whether guardianship is actually necessary or whether alternatives might work. If guardianship is the right path, we handle the petition, coordinate with medical experts and the court, and guide you through the process. If your loved one still has capacity, we draft powers of attorney and healthcare directives instead.
For families already serving as guardians, we handle annual court filings, accountings, and any modifications the court requires. We make sure you’re doing this legally and protecting both the ward and yourself.
Frequently Asked Questions
When do I need guardianship instead of a power of attorney?
You need guardianship when someone has lost capacity to make decisions AND no power of attorney or healthcare directive is already in place authorizing you to act. A power of attorney requires the person to voluntarily sign it while they still have capacity. If that window has passed, guardianship is the only way to get legal authority. This is why advance planning is so critical.
What is the difference between guardianship of the person and guardianship of the estate?
Guardianship of the person gives you authority over where the ward lives, medical decisions, and daily care. Guardianship of the estate gives you authority over finances and property. You can request one or both. The court determines the scope based on what the incapacitated person actually needs help with.
How long does the guardianship process take in most Counties?
From petition to appointment the average processing typically takes 4-10 weeks, depending on whether the incapacitated person contests the guardianship and whether the court requires a hearing and the court’s calendar. If medical evidence is clear and unopposed, the process moves faster. If there’s family disagreement or the person contests it, a hearing may delay matters. We guide you through each step and handle the timeline.
What responsibilities do I have as a guardian?
Guardians must act in the ward’s best interests, make reasonable financial decisions (for estate guardians), and file annual accountings with the court. You’re personally liable if you misuse the ward’s money. For guardianship of the person, you’re responsible for ensuring appropriate care and reporting on the ward’s condition to the court.
Prevention: Build Your Plan Now
The best time to handle guardianship issues is before they arise. Talk to your aging (or ill) loved ones about their wishes. Get powers of attorney and healthcare directives signed while they can still sign them. Understand what assets they have and what decisions might need to be made. Families who plan ahead avoid the expense, time, and emotional toll of emergency guardianship.
Navigate Guardianship with Confidence
Whether you’re facing an immediate guardianship need or want to plan ahead, we’re here to help. Our experience with Marion County and the surrounding Counties’ probate courts and personal knowledge of the guardianship process means you’ll understand your options and move forward with confidence.