Indiana Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Indiana court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on Ind. Code Article 29-3 (Guardianships and Protective Proceedings)

By Settled Estate EditorialPublished: June 28, 2026Updated: July 18, 2026

What guardianship and conservatorship mean here

Guardianship in Indiana is a court proceeding under Article 29-3 of the Indiana Code, heard in a court with probate jurisdiction in the county where the alleged incapacitated person or minor lives. The court appoints a guardian, a fiduciary who can be made responsible for the person, the property, or both, only after finding that the individual is an incapacitated person or a minor and that the appointment is necessary for the person's care and supervision. Indiana law pushes hard toward less restrictive options: the petition itself must describe the less restrictive alternatives that were tried or considered and why they are not enough, the court can limit the guardianship's scope or issue a protective order instead, and every later account must revisit whether the guardianship is still needed.

Indiana uses one office where many states use two. An Indiana 'guardian' is a court-appointed fiduciary responsible, as the court directs, for the person or the property of an incapacitated person or a minor, and the statute states that the terms guardian and conservator are interchangeable (Ind. Code 29-3-1-6). A guardianship of the person covers living arrangements, care, and consent to treatment; a guardianship of the estate covers money and property; one person can hold either role or both under a single order. The person under guardianship is called the 'protected person' (Ind. Code 29-3-1-13).

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Guardian of the Person

A fiduciary appointed to be responsible for the care and custody of an incapacitated person or minor: living arrangements, health and welfare, and consent to medical or other professional care. The guardian must stay sufficiently acquainted with the protected person to know the person's capabilities, limitations, and needs, and must encourage self-reliance and independence.

Ind. Code 29-3-1-6, 29-3-8-1, 29-3-8-2

Guardian of the Estate (Property)

A fiduciary appointed to manage and preserve the property of an incapacitated person or minor. The guardian must observe the standards of care that apply to trustees, protect and conserve property beyond the protected person's current needs, file an inventory within 90 days of appointment, and file verified accounts with the court at least every two years. In Indiana this is the same statutory office as a conservator; the terms are interchangeable.

Ind. Code 29-3-1-6, 29-3-8-3, 29-3-9-5, 29-3-9-6

Limited Guardian

A guardianship whose scope the court restricts to specific decisions or property when the person can safely handle everything else. The petition must state the particular limitations requested, and if limiting the guardianship serves the person's welfare the court must shape its orders to encourage self-improvement, self-reliance, and independence and to let the person live as normal a life as the person's condition permits. The letters of guardianship must state the limits.

Ind. Code 29-3-5-1(a)(4), 29-3-5-3(b), 29-3-7-3(c)

More guardianship types4 additional arrangements courts use in specific situations, with statute cites

Temporary (Emergency) Guardian

Appointed when no guardian is in place, an emergency exists, the person's welfare requires immediate action, and no one else has authority to act. The appointment runs for a specified period of up to 90 days, and the court may grant one extension of up to 90 more days after notice and hearing for good cause. A temporary guardian receives only the powers the court orders, limited to what is needed to prevent immediate, serious injury or loss. The court can also suspend a guardian who is not performing and install a temporary guardian in the meantime.

Ind. Code 29-3-3-4

Standby Guardian

A person named in advance by a parent of a minor, or by the guardian of a protected person, in a written declaration signed before a notary public. The declaration takes effect on the declarant's death or incapacity and lasts 90 days; if the standby guardian petitions for guardianship within that window, the declaration continues until the court rules. A standby guardian has all the powers of a guardian, and the declaration may name an alternate.

Ind. Code 29-3-3-7

Guardian of a Minor

A guardian appointed for a child under 18 who is not emancipated, typically when no parent can serve. The guardian of a minor has all the responsibilities and authority of a parent, including consent to medical care and education decisions, and must apply guardianship funds to the minor's support only to the extent parental income and property fall short. The guardianship ends when the minor turns 18 or dies, and may end on adoption or marriage; a joint petition filed at 17 or older can extend it to no later than age 22.

Ind. Code 29-3-1-10, 29-3-8-1(a), 29-3-12-1(a), 29-3-12-7

Volunteer Advocate for Seniors or Incapacitated Adults

A court-appointed trained volunteer, supervised by a court-approved program, who serves as guardian for a senior or an incapacitated adult who has no family member or friend able to serve. The advocate is an officer of the court, files progress reports, and may petition for reasonable compensation. This is Indiana's public-guardianship style option for adults without anyone else.

Ind. Code 29-3-8.5

The Indiana guardianship court process

1File the Petition in a Court With Probate JurisdictionAny person may petition for appointment of a guardian in the county where the alleged incapacitated person or minor resides (or, for a nonresident, where the person's property is located).

Any person may petition for appointment of a guardian in the county where the alleged incapacitated person or minor resides (or, for a nonresident, where the person's property is located). The petition must state the nature of the incapacity, the approximate value and description of the property, the proposed guardian and the relationship to the person, the closest relatives, and, for adult guardianships, a description of the less restrictive alternatives that were considered or implemented and why they are insufficient (Ind. Code 29-3-2-2, 29-3-5-1(a)).

2Notice to the Respondent and FamilyNotice of the petition and hearing goes to the alleged incapacitated person, the person's spouse and adult children (or parents if there are none), anyone serving as guardian or custodian, and any attorney in fact under a durable power of attorney.

Notice of the petition and hearing goes to the alleged incapacitated person, the person's spouse and adult children (or parents if there are none), anyone serving as guardian or custodian, and any attorney in fact under a durable power of attorney. For a minor, notice goes to the minor if at least 14, any living parent, and anyone who had principal care and custody during the preceding 60 days (Ind. Code 29-3-6-1, 29-3-6-2).

3Representation for the RespondentThe court may appoint an attorney to represent an alleged incapacitated person who is not already represented (Ind.

The court may appoint an attorney to represent an alleged incapacitated person who is not already represented (Ind. Code 29-3-5-1(c)). Separately, the court must appoint a guardian ad litem to represent the interests of the alleged incapacitated person or minor if the court determines the person is not represented, or is not adequately represented, by counsel; for certain uncontested guardianships over a minor's property, the guardian ad litem can be waived on written findings (Ind. Code 29-3-2-3).

4Evidence and HearingThe alleged incapacitated person generally must be present at the hearing, may present evidence, and may cross-examine witnesses.

The alleged incapacitated person generally must be present at the hearing, may present evidence, and may cross-examine witnesses. Either side can demand a jury by requesting one at least 72 hours before the hearing date (and within 30 days after service of notice). The petitioner presents evidence of incapacity, commonly a physician's or psychologist's evaluation, tied to the statutory definition of an incapacitated person (Ind. Code 29-3-5-1(d) and (e), 29-3-1-7.5).

5Findings, Less Restrictive Options, and AppointmentThe court appoints a guardian only if it finds the individual is an incapacitated person or a minor AND that the appointment is necessary as a means of providing care and supervision.

The court appoints a guardian only if it finds the individual is an incapacitated person or a minor AND that the appointment is necessary as a means of providing care and supervision. If limiting the guardianship serves the person's welfare, the court must shape its orders to encourage self-reliance and independence. The court can instead treat the petition as one for a protective order, enter another appropriate order, or dismiss it. In choosing the guardian, the court follows the statutory priority list, starting with a person designated in a durable power of attorney, though it may pass over priority in the person's best interest (Ind. Code 29-3-5-3, 29-3-5-4, 29-3-5-5).

6Bond, Oath, and Letters of GuardianshipUnless the court finds a bond unnecessary or a corporate fiduciary serves, the guardian files a bond based on the value of the guardianship property plus one year's estimated income, and takes an oath to faithfully discharge the guardian's duties.

Unless the court finds a bond unnecessary or a corporate fiduciary serves, the guardian files a bond based on the value of the guardianship property plus one year's estimated income, and takes an oath to faithfully discharge the guardian's duties. The clerk then issues letters of guardianship, which state any limits the court placed on the guardian's authority (Ind. Code 29-3-7-1, 29-3-7-3).

7Inventory and Ongoing AccountingsThe guardian files a complete verified inventory of the guardianship property within 90 days of appointment (30 days for a temporary guardian), then files a written verified account at least biennially, not more than 30 days after the anniversary of appointment, and within 30 days after the guardianship ends.

The guardian files a complete verified inventory of the guardianship property within 90 days of appointment (30 days for a temporary guardian), then files a written verified account at least biennially, not more than 30 days after the anniversary of appointment, and within 30 days after the guardianship ends. Each account must describe the protected person's condition, state whether the guardianship is still necessary, and state whether less restrictive alternatives have been considered or implemented (Ind. Code 29-3-9-5, 29-3-9-6).

How long it takes

A temporary guardian can be appointed quickly in an emergency, for a specified period of up to 90 days plus one 90 day extension (Ind. Code 29-3-3-4). A standard uncontested guardianship usually takes about one to three months from filing to letters, driven by the notice period and the court's hearing calendar; a contested case or a jury demand takes longer. Duties then continue for the life of the appointment: an inventory within 90 days and a verified account at least every two years and at termination (Ind. Code 29-3-9-5, 29-3-9-6).

Alternatives to consider before guardianship

Supported Decision Making Agreement

A notarized written agreement in which an adult names one or more trusted supporters to help gather information, weigh options, and communicate the adult's own decisions, without giving up any rights. Indiana lists supported decision making first among the less restrictive alternatives a court must hear about before a guardianship, and executing one may not be treated as evidence of incapacity.

Ind. Code ch. 29-3-14; 29-3-1-7.8

Durable Power of Attorney (Finances)

Lets a competent adult name an attorney in fact to manage property and financial matters. An Indiana power of attorney stays effective after the principal's incapacity unless the document says otherwise, so it is durable by default and can head off a guardianship of the estate. It must be in writing, name the attorney in fact, and be signed before a notary public or two adult attesting witnesses. The principal can also nominate a future guardian in the document, and the court must honor the most recent nomination except for good cause or disqualification.

Ind. Code 30-5-4-1, 30-5-10-3, 30-5-3-4

Health Care Advance Directive and Health Care Representative

Lets a competent adult appoint a health care representative to make medical decisions during incapacity and state treatment preferences, avoiding the need for a guardian of the person for medical choices. The directive must be signed in the presence of two adult witnesses or a notarial officer. Indiana's advance directive law also recognizes living will declarations made under prior law.

Ind. Code 16-36-7-28 (advance directives); IC 16-36-1 (health care consent)

Protective Order or Single Transaction Order

Instead of appointing a guardian, the court can authorize or ratify a specific arrangement for a person adjudicated incapacitated or a minor: paying or depositing funds, selling or mortgaging property, entering a contract, or setting up a trust. This handles a one-time need, such as signing a deed or settling a claim, without an ongoing guardianship.

Ind. Code 29-3-4-1

Small Property Procedures Without a Guardianship

Someone who owes a minor money or holds a minor's property worth up to $10,000 may deliver it directly to the adult caring for the minor, and when an incapacitated person's entire property does not exceed $10,000 the court may direct its deposit or delivery to a suitable person, in both cases without appointing a guardian or requiring a bond.

Ind. Code 29-3-3-1, 29-3-3-2

Parental Delegation Power of Attorney

A parent of a minor, or the guardian of a protected person, can delegate powers over the child's or protected person's health care, support, custody, or property to another adult by power of attorney for up to 12 months (longer for military parents on active duty), covering temporary situations such as deployment or illness without any court proceeding.

Ind. Code 29-3-9-1

Representative Payee

Appointed by the Social Security Administration to receive and manage Social Security and certain other federal benefits for a beneficiary who cannot manage them. Limited to those federal benefits and requires no court proceeding. Indiana's statute lists a representative payee among the less restrictive alternatives to guardianship.

42 U.S.C. 405(j); Ind. Code 29-3-1-7.8(b)(3)

Trust

Assets placed in a trust can be managed by a successor trustee without court involvement if the grantor becomes incapacitated, keeping those assets out of any guardianship of the estate. Governed by the Indiana Trust Code.

Ind. Code Article 30-4 (Indiana Trust Code)

Planning ahead: naming a guardian in advance

Naming a guardian in advance: Indiana gives real weight to naming your own future guardian. A competent adult may nominate a guardian in a power of attorney, and the court shall make its appointment in accordance with the principal's most recent nomination except for good cause or disqualification (Ind. Code 30-5-3-4(a)). The person designated in a durable power of attorney also holds first priority for appointment (Ind. Code 29-3-5-5(a)(1)). A parent or de facto custodian of a minor may nominate a guardian for the child by will or in a power of attorney, and a parent of an incapacitated adult child may nominate by will, by a signed writing attested by at least two witnesses, or in a power of attorney (Ind. Code 29-3-5-5(a)(5) and (a)(6), 30-5-3-4(b) and (c)). A parent of a minor or the guardian of a protected person can also name a standby guardian in a notarized declaration that activates on the declarant's death or incapacity (Ind. Code 29-3-3-7). The stronger pre-need tools avoid guardianship entirely: a financial power of attorney (durable by default under Ind. Code 30-5-10-3) and a health care advance directive naming a health care representative (Ind. Code 16-36-7-28).

Guardianship costs

Court filing fee: $177 in total court costs to open a guardianship case: the $120 probate costs fee (Ind. Code 33-37-4-7(a)) plus the statutory add-on fees ($20 automated record keeping, $20 judicial salaries, $5 document storage, $5 public defense administration, $5 court administration, $1 judicial insurance adjustment, $1 pro bono legal services). The total is $205 if the clerk also collects the $28 sheriff's service of process fee (Indiana Trial Court Fee Manual, Indiana Office of Court Services).
Guardian ad litem: $400 to $2,000, usually paid from the protected person's property or by the petitioner. The court must appoint a guardian ad litem to represent the interests of the alleged incapacitated person or minor if the person is not represented, or is not adequately represented, by counsel, unless waived for certain uncontested minor property guardianships (Ind. Code 29-3-2-3).
Medical or capacity evaluation: $300 to $2,000 for a physician's or psychologist's evaluation of the alleged incapacitated person's condition, used as medical evidence of capacity or incapacity
Attorney fees for the proceeding: $2,500 to $8,000 or more for an uncontested case, higher if the appointment is contested or a jury trial is requested
Bond premium: Set by the court, roughly 0.5% of the bonded amount per year. Unless the court finds a bond unnecessary or the guardian is a corporate fiduciary, the bond starts from the aggregate value of the guardianship property plus one year's estimated income, minus property the guardian cannot sell or encumber without a court order (Ind. Code 29-3-7-1).
Biennial reporting: Little to none if the guardian prepares the verified account personally; $500 to $2,500 per accounting if a professional prepares it. Indiana requires a written verified account at least biennially and at termination (Ind. Code 29-3-9-6).

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Indiana?

What are the alternatives to guardianship in Indiana?

Less restrictive alternatives in Indiana include Supported Decision Making Agreement, Durable Power of Attorney (Finances), Health Care Advance Directive and Health Care Representative, Protective Order or Single Transaction Order. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the Indiana guardianship process take?

Do I need a lawyer to file for guardianship in Indiana?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Indiana courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Guardian vs. conservator in Indiana: what is the difference?

Statutes and sourcesOfficial references used for this page

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Information current as of July 18, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Indiana can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.