Indiana
Indiana Guardianship Laws: Minors, Adults and Standby Guardians (2026)
Independently fact-checked against primary sources (last audited October 21, 2026). · 19 primary sources cited on this page. How we verify our legal content

In Indiana, guardianship is a court proceeding under Article 3 of Title 29 of the Indiana Code (IC 29-3, "Guardianships and Protective Proceedings"), in which a court appoints a guardian responsible for the person, the property, or both, of an incapacitated adult or a minor. Indiana uses one title for both roles: the statute defines a guardian as a fiduciary responsible "for the person or the property of an incapacitated person or a minor" and says "The terms guardian and conservator are interchangeable" (IC 29-3-1-6). The court must appoint a guardian if it finds that the individual is an incapacitated person or a minor and that "the appointment of a guardian is necessary as a means of providing care and supervision of the physical person or property" of that individual (IC 29-3-5-3(a)).
Indiana's article is its own 1988 code rather than a uniform guardianship act; the uniform act Indiana has adopted is the interstate jurisdiction act, in IC 29-3.5. Two features set Indiana apart from many states: the appointment section does not state a burden of proof, and appointing a lawyer for the alleged incapacitated person is up to the court. For how other states handle these questions, see our guardianship laws by state overview.
Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Indiana state law on guardianship of minors and incapacitated adults, protective orders, standby guardians, delegation of parental powers and supported decision making in IC 29-3, the health-care consent statute in IC 16-36-1, and interstate transfers under IC 29-3.5. It does not cover custody disputes between parents (see Indiana child custody laws), grandparent visitation (see Indiana grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Indiana probate), child in need of services (CHINS) cases handled with the Department of Child Services, which are a separate track, or civil commitment and mental-health holds.
Indiana guardianship terms and where the law lives
IC 29-3 runs from chapter 1 (definitions) to chapter 14 (supported decision making). Along the way it covers proceedings in lieu of guardianship (chapter 3), protective proceedings and single transactions (chapter 4), appointment (chapter 5), notice (chapter 6), bonds (chapter 7), the guardian's powers (chapter 8), matters after appointment (chapter 9) and termination (chapter 12) (IC 29-3).
The central definition is broad:
"Incapacitated person" means an individual who: (1) cannot be located upon reasonable inquiry; (2) is unable: (A) to manage in whole or in part the individual's property; (B) to provide self-care; or (C) to perform both activities in clauses (A) and (B); because of insanity, mental illness, mental deficiency, physical illness, infirmity, habitual drunkenness, excessive use of drugs, incarceration, confinement, detention, duress, fraud, undue influence of others on the individual, or other incapacity; or (3) has a developmental disability (as defined in IC 12-7-2.1-118).
IC 29-3-1-7.5
| Term | What it means in Indiana | Source |
|---|---|---|
| Guardian | A court-appointed fiduciary responsible, as the court directs, for the person or the property of an incapacitated person or a minor; includes temporary, limited and successor guardians but not a guardian ad litem only | IC 29-3-1-6 |
| Conservator | Interchangeable with guardian | IC 29-3-1-6 |
| Protected person | An individual for whom a guardian has been appointed or for whom a protective order has been issued | IC 29-3-1-13 |
| Protective order | A court order managing an incapacitated person's or minor's property or approving a transaction, without a guardian | IC 29-3-4-1 |
| Standby guardian | A person a parent or guardian names in a notarized declaration to act on the declarant's death or incapacity | IC 29-3-3-7 |
How to get guardianship of a child in Indiana
The same appointment section governs minors and adults. "Any person may file a petition for the appointment of a person to serve as guardian for an incapacitated person or minor" (IC 29-3-5-1(a)), and the court shall appoint a guardian if it finds that the individual is a minor and that the appointment "is necessary as a means of providing care and supervision of the physical person or property" of the minor (IC 29-3-5-3(a)). If the court finds an appointment is not in the minor's best interests, it may treat the petition as one for a protective order, enter another appropriate order, or dismiss (IC 29-3-5-3(c)).

Parents keep their rights unless a court says otherwise. Except as determined in a dissolution, custody or other authorized proceeding, and unless the minor is married, the parents jointly, or the survivor, "have, without the appointment of a guardian, giving of bond, or order or confirmation of court, the right to custody of the person of the minor" and the power to act for the minor, including to "Consent to medical or other professional care, treatment, or advice for the minor's health and welfare" (IC 29-3-3-3). Article 3 does not state a separate standard for a guardianship that a parent opposes. The Indiana Supreme Court has held that "before placing a child in the custody of a person other than the natural parent, a trial court must be satisfied by clear and convincing evidence that the best interests of the child require such a placement," and that the presumption favoring the parent "will not be overcome merely because 'a third party could provide the better things in life for the child'" (In re Guardianship of B.H., 770 N.E.2d 283 (Ind. 2002)).
Who gets notice. For a minor, notice of the petition and hearing goes to these persons whose whereabouts can be determined on reasonable inquiry: the minor, if at least 14, unless the minor signed the petition; any living parent, unless parental rights were terminated by court order; and any person alleged to have had the principal care and custody of the minor during the 60 days before the petition was filed (IC 29-3-6-1(a)(3)).
CHINS cases. The court "shall notify the department of child services of a hearing regarding the guardianship of a minor" if a child in need of services petition has been filed about the minor or a program of informal adjustment involving the minor is pending, and the department may participate (IC 29-3-5-1(g)).
The child's request. In choosing the guardian, the court has due regard to "Any request made by a minor who is at least fourteen (14) years of age" (IC 29-3-5-4(a)(5)).
What the guardian may decide. A guardian of a minor, other than a temporary guardian, has all of the responsibilities and authority of a parent (IC 29-3-8-1), and the guardian's powers include taking custody of the minor, consenting to medical care, consenting to the minor's marriage or adoption, and establishing the minor's home in or outside Indiana in accordance with IC 29-3-9-2 (IC 29-3-8-2(a)). Moving the minor to another place in Indiana or another state still requires the court approval described below (IC 29-3-9-2).
Conditions for a parent to regain custody. The order creating a minor's guardianship may set terms and conditions a parent must meet. If it does, "the court may modify or terminate the guardianship only if the parent: (1) complies with the terms and conditions; and (2) proves the parent's current fitness to assume all parental obligations by a preponderance of the evidence," except as IC 29-3-12 provides (IC 29-3-8-9(b)).
When it ends. Except as sections 6 and 7 of chapter 12 provide, "the court shall terminate the guardianship of a minor upon: (1) the minor's attaining eighteen (18) years of age; or (2) the minor's death. The court may terminate the guardianship of a minor upon the minor's adoption or marriage" (IC 29-3-12-1(a)). A protected person who is at least 17 and has not been adjudicated incapacitated may, jointly with the guardian, petition to continue the guardianship up to age 22, as IC 29-3-12-7 provides.
When a custodial parent dies. A surviving parent who was not granted custody in a dissolution decree does not have the right to custody without a proceeding if, when the custodial parent died, the surviving parent's parenting time required supervision or had been suspended. In that case the court may appoint a temporary guardian for the minor for up to 60 days, and must appoint a guardian ad litem or court appointed special advocate for the child (IC 29-3-3-6).
A child's money. A person who owes a minor money, or holds the minor's property, "in an amount not exceeding twenty-five thousand dollars ($25,000)" may pay or deliver it, without a guardian, bond or court order, to a person who has the minor's care and custody and with whom the minor lives, or to a custodian under Indiana's transfers-to-minors law (IC 29-3-3-1(a)). The $25,000 limit and the custodian option took effect July 1, 2026 (P.L. 105-2026). The same act created a guardianship code revision task force to study a recodification of the guardianship code.
Disputes between parents over custody run through a different process; see Indiana child custody laws. A grandparent seeking visitation rather than guardianship should see Indiana grandparents' rights.
Can a parent name a guardian for a child in Indiana?
Yes, in three ways. A nomination by will, signed writing or power of attorney is weighed by the court when it appoints a guardian; a standby declaration gives the standby guardian a guardian's powers for a limited time without a court order.
By will or power of attorney. In choosing a guardian, the court has due regard to a request made by a parent or de facto custodian of a minor, including a nomination in a deceased parent's will or in a living parent's power of attorney (IC 29-3-5-4(a)). The priority list gives a place to "A parent of a minor, a de facto custodian of a minor, or a person nominated: (A) by will of a deceased parent or a de facto custodian of a minor; or (B) by a power of attorney of a living parent or a de facto custodian of a minor" (IC 29-3-5-5(a)(6)). The court, acting in the minor's best interest, may pass over a person with priority (IC 29-3-5-5(b)).
By a standby-guardian declaration. A parent of a minor, or the guardian of a protected person, may designate a standby guardian, and an alternate, in a written declaration (IC 29-3-3-7(a)):
- The declaration "must be signed by the declarant in the presence of a notary public" (IC 29-3-3-7(c)).
- It "becomes effective upon the death or incapacity (as defined in IC 29-3-1-7.5) of the parent or guardian and terminates ninety (90) days after the declaration becomes effective. However, if the designated standby guardian files a petition for a guardianship of the minor or protected person during that ninety (90) day period, the declaration remains in effect until the court rules on the petition" (IC 29-3-3-7(d)).
- "A standby guardian shall have all the powers granted to a guardian under this article" (IC 29-3-3-7(f)).
- The Department of Child Services, a probation department or a juvenile court must consider the declaration but is not bound by it when determining the placement of a child who is the subject of an abuse or neglect allegation, an open child in need of services case or an open delinquency case (IC 29-3-3-7(e)).
For an adult child. A parent of an incapacitated person may nominate a guardian by will, "by any writing signed by a parent of an incapacitated person and attested to by at least two (2) witnesses," or in a power of attorney, and that nominee is in the priority list (IC 29-3-5-5(a)(5)).
Letting a relative care for a child without going to court
Delegation by power of attorney. IC 29-3-9-1(c) provides that, except as subsections (d) and (h) provide, "by a properly executed power of attorney, a parent of a minor or a guardian (other than a temporary guardian) of a protected person may delegate to another person for: (1) any period during which the care and custody of the minor or protected person is entrusted to an institution furnishing care, custody, education, or training; or (2) a period not exceeding twelve (12) months; any powers regarding health care, support, custody, or property of the minor or protected person."
The limits:
- A parent or guardian may not delegate the power to consent to the marriage or adoption of a protected person who is a minor, or the other powers subsection (d) lists (IC 29-3-9-1(d)).
- A parent on active duty service may delegate for longer than 12 months, but "the term of delegation may not exceed the term of active duty service plus thirty (30) days" (IC 29-3-9-1(i)).
- Unless the power of attorney says otherwise, the parent may revoke the delegation at any time by a written revocation that identifies the power of attorney and is signed by the parent who executed it (IC 29-3-9-1(j)). The parent remains responsible for the agent's acts and omissions (IC 29-3-9-1(e)), and the child is not considered placed in foster care (IC 29-3-9-1(g)).
A delegation is a power of attorney, not a guardianship.
Health care for a child without a guardian. For a minor who cannot consent to the minor's own health care, consent may be given by a court-appointed guardian of the person, a parent or an individual acting in loco parentis, an adult sibling, or a grandparent, each under the conditions IC 16-36-1-5(b) lists, such as there being no guardian or the person ahead on the list not being reasonably available or declining to act.
Small amounts without a guardian. For an incapacitated person whose entire property does not exceed $10,000, the court may, without appointing a guardian, authorize deposit or delivery of the property as IC 29-3-3-2 provides.
How to become guardian of an adult in Indiana
The petition. Any person may petition (IC 29-3-5-1(a)). Among the required contents is "A description of the petitioner's efforts to use less restrictive alternatives before seeking guardianship, including: (A) the less restrictive alternatives for meeting the alleged incapacitated person's needs that were considered or implemented; (B) if a less restrictive alternative was not considered or implemented, the reason that the less restrictive alternative was not considered or implemented; and (C) the reason a less restrictive alternative is insufficient to meet the needs of the alleged incapacitated person" (IC 29-3-5-1(a)(11)).
Notice. Notice of the petition and hearing goes through the Indiana E-filing System or by first class mail to the alleged incapacitated person, the person's spouse, adult children (or, if none, parents), any person serving as guardian or caring for the person, the closest relative if none of those exist, any attorney in fact under a durable power of attorney, and others the court directs, as IC 29-3-6-1(a) lists. Notice to a person on that list is not required if the person waives notice or appears at the hearing (IC 29-3-6-1(a)(4)). Section 29-3-6-1 does not itself state a number of days before the hearing.
A lawyer and a guardian ad litem. "Unless an alleged incapacitated person is already represented by counsel, the court may appoint an attorney to represent the incapacitated person" (IC 29-3-5-1(c)). Separately, "Unless waived under subsection (b) or if section 4 of this chapter does not apply, the court shall appoint a guardian ad litem to represent the interests of the alleged incapacitated person or minor if the court determines that the alleged incapacitated person or minor is not represented or is not adequately represented by counsel" (IC 29-3-2-3(a)). The court may also order an investigation and report by the Family and Social Services Administration (IC 29-3-9-11).
The hearing and a jury. The alleged incapacitated person must be present unless excused on the grounds IC 29-3-5-1 lists, and "may present evidence and cross-examine witnesses at the hearing" (IC 29-3-5-1(e)). The issues "shall be determined by a jury if a jury is requested no later than seventy-two (72) hours prior to the original date and time set for the hearing on the petition. However, in no event may a request for a jury trial be made after thirty (30) days have passed following the service of notice of a petition" (IC 29-3-5-1(e)).
What the court must find. Section 29-3-5-3(a) is the test:
Except under subsection (c), if it is alleged and the court finds that: (1) the individual for whom the guardian is sought is an incapacitated person or a minor; and (2) the appointment of a guardian is necessary as a means of providing care and supervision of the physical person or property of the incapacitated person or minor; the court shall appoint a guardian under this chapter.
IC 29-3-5-3(a)
The section does not state a burden of proof. Under subsection (c), if the court finds a guardianship is not in the person's best interests, it may treat the petition as one for a protective order, enter another appropriate order, or dismiss.
Limited guardianship. "If it is alleged and the court finds that the welfare of an incapacitated person would be best served by limiting the scope of the guardianship, the court shall make the appointive or other orders under this chapter to: (1) encourage development of the incapacitated person's self-improvement, self-reliance, and independence; and (2) contribute to the incapacitated person's living as normal a life as that person's condition and circumstances permit without psychological or physical harm to the incapacitated person" (IC 29-3-5-3(b)). At appointment or later, the court may limit the guardian's powers and create a limited guardianship (IC 29-3-8-8(a)).
Who can serve as guardian in Indiana
"The court shall appoint as guardian a qualified person or persons most suitable and willing to serve," with due regard to, among other things, any request by the alleged incapacitated person, including a designation in a durable power of attorney, a parent's or de facto custodian's request for a minor, requests in a will, a standby-guardian designation, and the request of a minor at least 14 (IC 29-3-5-4(a)).
For an adult, the persons the court considers for priority include, in the order IC 29-3-5-5(a) sets out, a person designated in a durable power of attorney, a standby guardian, the spouse, an adult child, a parent or a person a parent nominated, a relative with whom the person has lived for more than six months, and a person nominated by the incapacitated person who is caring for or paying for the person's care. "With respect to persons having equal priority, the court shall select the person it considers best qualified to serve as guardian. The court, acting in the best interest of the incapacitated person or minor, may pass over a person having priority and appoint a person having a lower priority or no priority under this section" (IC 29-3-5-5(b)).
Some people may not serve, including a sexually violent predator and persons convicted of certain offenses that IC 29-3-7-7 lists.
What an Indiana guardian can decide
An adult's guardian is responsible for the person's care and property "to the extent ordered by the court," and a guardian other than a temporary guardian must "Encourage self-reliance and independence of the protected person" (IC 29-3-8-1, 29-3-8-3(4)).
Moving the person. "A guardian (other than a temporary guardian) or a volunteer advocate for seniors and incapacitated adults appointed under IC 29-3-8.5 may, with the approval of and under such conditions as may be imposed by the court after notice and hearing, change the physical presence of the protected person to another place in Indiana or to another state if the court finds that such a change is in the best interests of the protected person" (IC 29-3-9-2). After such a change, the court may limit or terminate the guardianship (IC 29-3-9-2).
Divorce. A guardian may not seek dissolution or annulment of the protected person's marriage without court authorization (IC 29-3-9-12.2).
Bond and inventory. A guardian must give a bond unless the court finds it unnecessary or the guardian is a bank or trust company, as IC 29-3-7-1(a) provides. "Within ninety (90) days after appointment, a guardian (other than a temporary guardian) shall file with the court a complete inventory" of the guardianship property (IC 29-3-9-5(a)); a temporary guardian's deadline is 30 days.
Accounts every two years. Unless the court directs otherwise, a guardian other than a temporary guardian must file 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(a)). The account "must include the incapacitated person's or minor's current residence and a description of the condition and circumstances of the incapacitated person or minor, including a specific showing of whether guardianship is still necessary and appropriate, and whether any less restrictive alternatives have been considered or implemented" (IC 29-3-9-6(c)).
Protective orders and single transactions
A guardian is not the only route for property. On petition and hearing, the court may issue a protective order for an incapacitated person if it finds that the person owns property or income needing management or protection that cannot otherwise be provided, has financial or business affairs that may be jeopardized, or has property that must be managed for the person's support; that the person "is unable to manage the incapacitated person's property and financial or business affairs effectively"; and that "the protection sought is necessary" (IC 29-3-4-1(d)). Under a protective order, the court may approve specific transactions, such as a sale, an annuity, a life-care contract or a trust, without appointing a guardian, and the person has the same hearing rights as in a guardianship (IC 29-3-4-1).
Emergency (temporary) guardianship in Indiana
Section 29-3-3-4(a) sets four conditions:
If: (1) a guardian has not been appointed for an incapacitated person or minor; (2) an emergency exists; (3) the welfare of the incapacitated person or minor requires immediate action; and (4) no other person appears to have authority to act in the circumstances; the court, on petition by any person or on its own motion, may appoint a temporary guardian for the incapacitated person or minor for a specified period not to exceed ninety (90) days. Upon notice and hearing, the court may, with good cause shown, grant one (1) extension of the temporary guardianship for not more than ninety (90) days.
IC 29-3-3-4(a)
A temporary guardian may be appointed without notice and hearing only if it is alleged and found that immediate and irreparable injury to the person, or injury, loss or damage to the property, may result before the person can be heard; if that happens and the person petitions to end the guardianship or modify the order, the court must hear and decide the petition at the earliest possible time (IC 29-3-3-4(a)). The temporary guardian's powers are limited to those needed to prevent immediate and substantial injury, as IC 29-3-3-4 provides. The court may also appoint a temporary guardian for a period it sets when an existing guardian is not performing (IC 29-3-3-4).
How an Indiana guardianship ends and rights are restored
"The court shall terminate the guardianship of an incapacitated person upon: (1) adjudication by the court that the protected person is no longer an incapacitated person; or (2) the death of the protected person" (IC 29-3-12-1(b)). The court may also terminate a guardianship that is no longer necessary for any other reason (IC 29-3-12-1(c)).

The request does not need to be formal:
An order adjudicating a person as an incapacitated person may specify a minimum period, not exceeding one (1) year, during which a petition for an adjudication that the protected person is no longer an incapacitated person may not be filed without court approval. Subject to that restriction, the protected person or any other person may petition for an order that the protected person is no longer an incapacitated person and for termination of the guardianship or protective order. A request for an order may also be made informally to the court. Any person who knowingly interferes with transmission of the request is guilty of contempt of court.
IC 29-3-12-3
The statute does not state a burden of proof for a termination petition.
Alternatives to guardianship in Indiana
Supported decision making agreements (IC 29-3-14). Indiana added a supported decision making chapter in 2019. An adult may make, change or revoke an agreement naming one or more supporters, who must be at least 18, even if the adult lacks the capacity to manage health care, legal or financial affairs independently (IC 29-3-14). The key rules:
- "A supported decision making agreement must be: (1) in writing; (2) dated; and (3) signed by the adult in the presence of a notary" (IC 29-3-14-7(c)). An electronic signature is allowed, and each supporter signs a separate consent (IC 29-3-14-7).
- "A court may not consider an adult's execution of a supported decision making agreement as evidence of incapacity" (IC 29-3-14-4(c)).
- "A request or decision made or communicated with the assistance of a supporter in conformity with this chapter shall be recognized as the request or decision of the adult for the purposes of any provision of law" (IC 29-3-14-6). A compliant agreement is presumed valid, and a third party may rely on it unless the third party has actual knowledge otherwise (IC 29-3-14-10).
- Supporters must follow the adult's will and preference and may not receive a fee (IC 29-3-14).
- The adult must enter the agreement voluntarily and without coercion or undue influence and must understand its nature and effect, and an adult under guardianship may not sign one that supplants the guardian's authority unless the guardian consents in writing (IC 29-3-14-4(a), (d)).
- Signing a valid durable power of attorney ends the agreement, except to the extent the power of attorney expressly continues it (IC 29-3-14-9(a)(7)).
- The agreement terminates if a court appoints a temporary or permanent guardian for the person or property of the adult, "unless the court's order of appointment: (A) expressly modifies but continues the supported decision making agreement; and (B) limits the powers and duties of the guardian" (IC 29-3-14-9(a)(6)).
Powers of attorney and advance directives. A durable power of attorney or a health care representative appointment is made while a person still has capacity, and a designation in a durable power of attorney is the first consideration in choosing a guardian (IC 29-3-5-4(a)(1)). Signing rules are on our Indiana power of attorney laws page. Free drafting tools are available for an Indiana power of attorney and an Indiana advance directive; a tool is not legal advice, and any document must be signed under the Indiana rules on the power of attorney page.
Family consent to health care. If an adult cannot consent and has not appointed a health care representative, or the representative is not reasonably available or declines to act, then, except as sections 9 and 9.5 of IC 16-36-1 provide, consent may be given in this order: a judicially appointed guardian of the person or a representative appointed under section 8; a spouse; an adult child; a parent; an adult sibling; a grandparent; an adult grandchild; the nearest other adult relative; and the others the section lists (IC 16-36-1-5(a)).
Federal benefits. Social Security appoints its own representative payee to manage benefits and does not simply defer to a court-appointed guardian; our guardianship laws by state overview covers that federal layer.
Moving to or from Indiana with a guardianship
Indiana enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act as IC 29-3.5 in 2011 (IC 29-3.5-1-1). A guardian appointed in Indiana may petition to transfer the guardianship to another state (IC 29-3.5-3-1), and Indiana courts may accept a transfer in (IC 29-3.5-3-2). A guardian appointed in another state may register the order in Indiana if a petition for a guardian is not pending in Indiana and the guardian gives notice to the appointing court of an intent to register, by filing certified copies of the order and letters of office "as a foreign judgment in the court of this state having probate jurisdiction and venue of the registered guardianship" (IC 29-3.5-4-1). Within Indiana or across state lines, moving the protected person still requires court approval under IC 29-3-9-2.
Official help
The Indiana Supreme Court publishes a guardianship best-practice guide for trial courts.
Indiana guardianship at a glance
| Question | Indiana rule | Statute |
|---|---|---|
| Where is the law? | Title 29, Article 3, Guardianships and Protective Proceedings | IC 29-3 |
| Guardian vs conservator | One role for person and property; the terms are interchangeable | IC 29-3-1-6 |
| Appointment test | Incapacitated person or minor, and a guardian is necessary for care and supervision of the person or property; no burden of proof stated | IC 29-3-5-3(a) |
| Child placed with a non-parent over a parent | Court must be satisfied by clear and convincing evidence that the child's best interests require the placement | In re Guardianship of B.H., 770 N.E.2d 283 (Ind. 2002) |
| Lawyer for the adult | Court may appoint one if the person has no counsel | IC 29-3-5-1(c) |
| Guardian ad litem | Required if the person is not represented, or not adequately represented, by counsel, unless waived as the section allows | IC 29-3-2-3(a) |
| Jury | On request no later than 72 hours before the original hearing time and within 30 days after service of notice | IC 29-3-5-1(e) |
| Less restrictive alternatives | Petition must describe them; biennial accounts must address them | IC 29-3-5-1(a)(11), 29-3-9-6(c) |
| Child's say | Court considers the request of a minor at least 14 | IC 29-3-5-4(a)(5) |
| Standby guardian | Notarized declaration; effective on the declarant's death or incapacity; ends after 90 days unless a petition is filed in that period | IC 29-3-3-7 |
| Parent's delegation by power of attorney | Up to 12 months, or during an institutional placement; active duty up to the term plus 30 days; no marriage or adoption consent | IC 29-3-9-1 |
| Temporary guardian | Up to 90 days, one extension of up to 90 days on notice, hearing and good cause | IC 29-3-3-4(a) |
| Inventory | Within 90 days (30 for a temporary guardian) | IC 29-3-9-5(a) |
| Accounts | At least every two years, unless the court directs otherwise | IC 29-3-9-6(a) |
| Supported decision making | Written, dated agreement signed before a notary | IC 29-3-14-7(c) |
| Restoration | Petition or informal request; an order may bar new petitions for up to one year | IC 29-3-12-3 |
Related Indiana pages
- Guardianship laws by state
- Indiana power of attorney laws
- Indiana child custody laws
- Indiana grandparents' rights
- Indiana probate
This article provides general legal information about Indiana guardianship law, not legal advice. Guardianship cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Indiana or the court that would hear the case.
Last updated: October 20, 2026.
Frequently Asked Questions
How do I get guardianship of my grandchild in Indiana?
Any person may petition, and the court shall appoint a guardian if it finds the child is a minor and that a guardian is necessary for the care and supervision of the child's person or property (IC 29-3-5-1(a), 29-3-5-3(a)). Notice goes to the child if at least 14, unless the child signed the petition, to each living parent whose rights have not been terminated, and to whoever had principal care of the child in the 60 days before filing (IC 29-3-6-1(a)(3)). Before placing a child with someone other than a natural parent, the court must be satisfied by clear and convincing evidence that the child's best interests require that placement (In re Guardianship of B.H., 770 N.E.2d 283 (Ind. 2002)).
Can an Indiana parent give a relative authority over a child without court?
Yes. A parent may delegate powers over the child's health care, support, custody or property by power of attorney for up to 12 months, or while the child is in an institution, but cannot delegate consent to the child's marriage or adoption (IC 29-3-9-1). A parent on active duty may delegate longer, up to the active-duty term plus 30 days.
What is a standby guardian in Indiana?
A person a parent of a minor, or a guardian, names in a declaration signed before a notary. It takes effect on the declarant's death or incapacity and ends 90 days later, unless the standby guardian files a guardianship petition within that period, in which case it lasts until the court rules (IC 29-3-3-7).
What must be proved to get guardianship of an adult in Indiana?
The court must find that the person is an incapacitated person and that a guardian is necessary as a means of providing care and supervision of the person or property (IC 29-3-5-3(a)). The section does not state a burden of proof.
Does the adult get a lawyer in an Indiana guardianship case?
Appointment of a lawyer is discretionary. The court may appoint an attorney if the person has no counsel (IC 29-3-5-1(c)), and it shall appoint a guardian ad litem if the person is not represented, or not adequately represented, by counsel, unless waived as IC 29-3-2-3 allows.
Is there a conservator in Indiana?
Indiana uses one role. A guardian may be responsible for the person, the property, or both, and the statute says the terms guardian and conservator are interchangeable (IC 29-3-1-6). A protective order can also handle property or a single transaction without a guardian (IC 29-3-4-1).
How long does a temporary guardianship last in Indiana?
For a specified period not exceeding 90 days, with one extension of up to 90 days after notice and hearing on good cause (IC 29-3-3-4(a)).
How often does an Indiana guardian have to report?
Unless the court directs otherwise, a guardian other than a temporary guardian files a verified account at least every two years, within 30 days after the anniversary of appointment, including whether guardianship is still necessary and whether less restrictive alternatives were considered (IC 29-3-9-6).
How do I end a guardianship in Indiana?
The protected person or any other person may petition, or ask the court informally, for an order that the person is no longer incapacitated; an order may bar new petitions for up to one year without court approval (IC 29-3-12-3). The court shall terminate on that adjudication or the person's death (IC 29-3-12-1(b)).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Indiana Code, TITLE 29. PROBATE
§ 29-3-5-3Findings; appointment of guardian; limited guardianship; protective ordersIn force
Sec. 3. (a) Except under subsection (c), if it is alleged and the court finds that: (1) the individual for whom the guardian is sought is an incapacitated person or a minor; and (2) the appointment of a guardian is necessary as a means of providing care and supervision of the physical person or property of the incapacitated person or minor; the court shall appoint a guardian under this chapter. (b) If it is alleged and the court finds that the welfare of an incapacitated person would be best served by limiting the scope of the guardianship, the court shall make the appointive or other orders under this chapter to: (1) encourage development of the incapacitated person's self-improvement, self-reliance, and independence; and (2) contribute to the incapacitated person's living as normal a life as that person's condition and circumstances permit without psychological or physical harm to the incapacitated person.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
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Sources and References
- IC 29-3-1-6, 29-3-1-7.5, 29-3-1-13, Definitions(iga.in.gov).gov
- IC 29-3-5-1, 29-3-5-3 to 29-3-5-5, Appointment of guardian; findings; priority(iga.in.gov).gov
- IC 29-3.5-1-1, Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act(iga.in.gov).gov
- IC 29-3-2-3, Guardian ad litem(iga.in.gov).gov
- IC 29-3-9-1, 29-3-9-2, 29-3-9-5, 29-3-9-6, Delegation; change of residence; inventory; accounts(iga.in.gov).gov
- IC 29-3-3-1 to 29-3-3-7, Proceedings in lieu of guardianship; temporary and standby guardians(iga.in.gov).gov
- IC 29-3-14, Supported Decision Making(iga.in.gov).gov
- IC 16-36-1-5, Consent to health care for an adult or a minor; order of priority(iga.in.gov).gov
- IC 29-3, Guardianships and Protective Proceedings (Indiana Code 2026, Title 29)(iga.in.gov).gov
- IC 29-3-4-1, Protective orders(iga.in.gov).gov
- IC 29-3-6-1, Notice of hearings(iga.in.gov).gov
- IC 29-3-8-1, 29-3-8-2, 29-3-8-3, 29-3-8-8, 29-3-8-9, Responsibilities and powers of guardian(iga.in.gov).gov
- IC 29-3-12-1, 29-3-12-3, 29-3-12-7, Termination of guardianships(iga.in.gov).gov
- IC 29-3-7-1, 29-3-7-7, Qualification and bonding; persons who may not serve(iga.in.gov).gov
- Social Security Administration, Representative Payee Program(www.ssa.gov).gov
- IC 29-3.5-3-1, 29-3.5-3-2, Transfer of guardianship(iga.in.gov).gov
- IC 29-3.5-4-1, Registration of guardianship orders(iga.in.gov).gov
- Indiana Supreme Court, Guardianship Best Practices for Trial Courts(www.in.gov).gov
- In re Guardianship of B.H., 770 N.E.2d 283 (Ind. 2002)(www.courtlistener.com)
- Indiana Office of Court Services, Legislative Update: S.E.A. 71, P.L. 105-2026 (various probate matters)(legislativeupdate.courts.in.gov).gov