Indiana Guardianship Attorneys: Protecting Adults and Minors Who Cannot Protect Themselves

When a parent’s memory begins to fail or a child is left without a capable parent, families are often faced with decisions they never expected to make. Indiana law provides a path to step in and act on that person’s behalf if the court is satisfied that a guardianship is necessary. Guardianship comes with detailed legal requirements that require precision.  

At Parr Richey, we have represented families in both adult and minor guardianships. We understand Indiana’s legal requirements for obtaining guardianship, what judges expect to see before granting a guardianship, and the guardian’s ongoing legal reporting requirements.

The Legal Path to Guardianship

Guardianship is the process by which a judge determines when an individual (called the “protected person”) is not capable of making their own personal and financial decisions and that appointing a guardian is in their best interest. There are three general categories of guardianships:

• Temporary Guardianship. In situations that require immediate action, such as a medical emergency, Indiana courts can appoint a temporary guardian. The court may appoint a temporary guardian before a full hearing takes place, or because the protected person’s incapacity is temporary and a permanent guardianship is likely not necessary. A temporary guardian’s authority is limited in scope and duration, and a petition for permanent guardianship typically follows once the immediate need has been addressed.

• Permanent Adult Guardianship. Age, illness, or disability can leave an adult unable to make sound medical or financial decisions. Sometimes, a guardianship must be established when a minor with a disability attains 18 years of age. We work with families and occasionally, nursing homes or care facilities to secure that authority. 

• Minor guardianship. When a child’s parents have died or are otherwise unable to provide care, someone needs legal authority to make decisions about the child’s schooling and medical treatment. This may also involve managing the child’s assets that they inherit from a parent or receive in a lawsuit settlement. These guardianships typically end when the minor turns 18. 

Establishing a guardianship requires filing a formal court petition and appearing before the judge. You are required to notify interested parties, such as close relatives, and provide evidence supporting the need for guardianship. This could be a physician’s report for an adult or proof of a parent’s inability to care for a child. We work with physicians to obtain necessary medical evidence and prepare the legal paperwork the court requires. Our attorneys help you gather appropriate records and evidence so your case is well-documented and clearly presented to the court.

Sometimes family members disagree about who should serve as guardian and whether guardianship is warranted at all. This can lead to difficult and emotional litigation among the family members until the matter is settled by agreement or the judge makes the final decision. We represent clients in these contested matters with the hope of resolving the dispute, but readiness to proceed to a final hearing if need be. 

Understanding a Guardian’s Responsibilities

If the court appoints a guardian, the court’s order defines the guardian’s responsibilities. A guardian may have two distinct roles. As guardian of the person, the guardian is responsible for decisions concerning the protected person’s residence, medical care, and overall well-being. As guardian of the estate, the guardian manages the protected person’s finances and property by paying bills, managing investments and other assets, and keeping track of all income and expenditures.  

Under Indiana law, guardians are fiduciaries, meaning they are obligated to act in the protected person’s interests and can be held legally responsible if they do not. A fiduciary obligation is a serious legal responsibility and we help clients understand exactly what this role requires so they remain in compliance for the duration of the guardianship.

When Guardianship Isn’t the Only Option

Because guardianship takes away a person’s legal right to make their own decisions, Indiana courts expect less restrictive alternatives to be considered first. In some cases, a supported decision-making agreement can address the family’s concerns without a formal guardianship that takes away the protected person’s rights. We can help you determine whether that option fits your situation.

Talk to an Indiana Guardianship Lawyer

If you are considering whether to pursue guardianship over a parent, a child, or another family member, speaking with an attorney at the outset can help clarify your options. We represent families throughout central Indiana, including Indianapolis, Boone County, Hamilton County, and Hendricks County on these important matters. 

Call our office at 317-269-2500 or contact us online to discuss your guardianship or estate planning matter.