How long can a temporary guardianship last in Indiana?

A court may appoint a temporary guardian for an emergency for a period not to exceed 90 days, with one court-approved extension of up to 90 more days for good cause shown after notice and hearing (IC 29-3-3-4(a)). A separate, narrower provision allows a temporary guardian for up to 60 days for a minor whose only living parent had supervised or suspended parenting time at the other parent's death (IC 29-3-3-6).

Does an Indiana guardianship of a minor end the parents' parental rights?

No. An Indiana guardianship is a court order that manages the child's care or property; it does not terminate parental rights and is not adoption. Where the court's order sets conditions for a parent to regain custody, the court may modify or end the guardianship only if the parent meets those conditions and proves current fitness to assume all parental obligations by a preponderance of the evidence (IC 29-3-8-9(b)).

Is there an official Indiana guardianship of a minor petition form?

Yes. IndianaLegalHelp.org publishes mandatory statewide petition packets: form CCA-GU-1120-4002 for a petition without the parents' consent and form CCA-GU-0520-4002 where both parents consent, along with a required Guardianship Information Sheet under Trial Rule 3.1(A)(10). A county may require additional local forms, and the court's form controls.

Does a 14-year-old have to consent to an Indiana guardianship?

Indiana's statewide self-help packet includes an optional consent form for a minor 14 years of age or older. A minor at least 14 is entitled to notice of the petition and hearing unless the minor signed the petition, and the court gives due regard to a request the minor makes about who should serve as guardian (IC 29-3-6-1(a)(3); IC 29-3-5-4(a)(5)).

Is a bond required for a guardian of a minor in Indiana?

Yes, by default, for a guardian of the person or the estate, unless the court finds a bond unnecessary or the guardian is a bank or trust company. The default amount is the value of the guardianship property plus one year's estimated income, minus any property the guardian cannot sell or encumber without a court order, and the court may accept a restricted account instead of a full bond (IC 29-3-7-1).

What background check does an Indiana guardian of a minor need?

A petitioner in a guardianship to which IC 29-3-8-9 applies must submit the information for a Department of Child Services criminal history check of the petitioner and other household members, so ask the court whether that check applies to your case, and anyone convicted of certain sex offenses against children or a registered sexually violent predator is barred from serving as guardian (IC 29-3-5-1.5; IC 29-3-7-7). Indiana has no statewide mandatory training course for a family guardian of a minor.

Can an Indiana parent avoid guardianship court entirely?

Yes, for a limited period. A parent may delegate custody, support, health care, and property powers over the minor to another adult using a notarized power of attorney, for up to 12 months, longer if the delegating parent is on active military duty, with no filing at all (IC 29-3-9-1(c)). This is a separate, non-court instrument, not a court-ordered guardianship. A parent may also sign a standby guardian declaration effective on the parent's death or incapacity, though the standby guardian must file a guardianship petition within 90 days to remain in effect (IC 29-3-3-7).

What if a child is in danger right now in Indiana?

If a child faces abuse, neglect, or immediate danger, contact the Indiana Department of Child Services or local law enforcement, and consider the protective order process. A guardianship petition by itself is not an emergency safety intervention.

Is an Indiana guardianship the right process for a custody dispute between parents?

No. A dispute between a child's own parents over custody or parenting time is handled through a custody or parenting-plan process, not through a guardianship petition.

Indiana Guardianship of a Minor Petition

Indiana hears this as a Petition for Appointment of Guardian of a Minor in the circuit or superior court with probate jurisdiction, publishes mandatory statewide CCA-GU petition packets, caps emergency temporary guardianship at 90 days with one court-approved extension, and lets a parent delegate custody for up to 12 months by notarized power of attorney with no court filing.

Find out where you stand in Indiana

Where are you with the guardianship?

DocDraft provides document preparation, not legal advice.

Introduction

In Indiana, a relative or other adult who wants to become a minor's guardian files a Petition for Appointment of Guardian of the Person and/or Estate of a Minor under IC 29-3-5-1, in the circuit or superior court with probate jurisdiction in the county where the minor resides; a juvenile court instead has exclusive jurisdiction if the minor is already the subject of a CHINS or delinquency case. IndianaLegalHelp.org publishes mandatory statewide petition packets, form CCA-GU-1120-4002 where the parents do not consent and form CCA-GU-0520-4002 where they do, and Trial Rule 3.1(A)(10) also requires a confidential Guardianship Information Sheet in every case. For an emergency, a court may appoint a temporary guardian for up to 90 days, plus one court-approved extension of up to 90 more days for good cause after notice and hearing. Notice goes to any living parent, anyone who had the minor's principal care and custody during the 60 days before filing, the minor if at least 14 years old unless the minor signed the petition, and anyone else the court directs; parental consent changes which packet applies. A bond is required unless the court finds one unnecessary, and a guardian ad litem is required unless the minor is already represented by counsel. A parent may instead delegate custody, support, health care, and property powers to another adult for up to 12 months by notarized power of attorney, with no filing at all. Guardianship does not terminate parental rights, and the court decides based on the child's best interest. Attorney review is available before you file.

Key Things to Know

1
Indiana guardianship of a minor is filed as a Petition for Appointment of Guardian of the Person and/or Estate of a Minor under IC 29-3-5-1, in the circuit or superior court with probate jurisdiction in the county where the minor resides; a juvenile court instead has exclusive jurisdiction if the minor is already the subject of a CHINS or delinquency case. IndianaLegalHelp.org publishes mandatory statewide petition packets, form CCA-GU-1120-4002 without the parents' consent and form CCA-GU-0520-4002 with consent, and Trial Rule 3.1(A)(10) separately requires a confidential Guardianship Information Sheet in every case.
2
A court may appoint a temporary guardian for an emergency where the minor's welfare requires immediate action and no one else has authority to act, for a period not to exceed 90 days, with one court-approved extension of up to 90 more days for good cause shown after notice and hearing (IC 29-3-3-4(a)). A separate, narrower provision lets a court appoint a temporary guardian for up to 60 days for a minor whose only living parent had supervised or suspended parenting time at the other parent's death (IC 29-3-3-6).
3
Notice of the petition and hearing must go to any living parent, anyone alleged to have had the minor's principal care and custody during the 60 days before filing, the minor if at least 14 years old unless the minor signed the petition, and anyone else the court directs (IC 29-3-6-1(a)(3)). Parental consent changes which statewide packet applies, the court gives due regard to a parent's request (IC 29-3-5-4(a)(2)), and among equally prioritized candidates a parent or a person nominated by a parent's will or power of attorney has priority (IC 29-3-5-5(a)(6)).
4
A petitioner in a guardianship to which IC 29-3-8-9 applies must submit the information for a Department of Child Services criminal history check of the petitioner and other household members, so ask the court whether that check applies to your case, and anyone convicted of certain sex offenses against children or a registered sexually violent predator is barred from serving as guardian (IC 29-3-5-1.5; IC 29-3-7-7). A guardian ad litem must be appointed unless the minor is already adequately represented by counsel, though the court may waive that for an uncontested petition over only the minor's property with written findings (IC 29-3-2-3). Indiana has no statewide mandatory training course for a family guardian of a minor.
5
A bond is required of a guardian of the person or the estate unless the court finds a bond unnecessary or the guardian is a bank or trust company; the default amount is the value of the guardianship property plus one year's estimated income, minus any property the guardian cannot sell or encumber without a court order, and the court may instead accept a restricted account in place of a full bond (IC 29-3-7-1).
6
Rather than going to court, a parent may delegate custody, support, health care, and property powers over the minor to another adult by a notarized power of attorney alone, for up to 12 months, longer if the delegating parent is on active military duty, with no court filing at all (IC 29-3-9-1). A parent may also sign a standby guardian declaration that takes effect on the parent's death or incapacity and lasts 90 days unless the standby guardian files a guardianship petition within that window (IC 29-3-3-7).
7
Guardianship does not terminate a parent's parental rights and is not adoption; the court must end it when the minor turns 18 or dies and may end it on the minor's adoption or marriage, though a minor at least 17 and the guardian may jointly petition to extend it to a stated date or to age 22 at the latest (IC 29-3-12-1(a); IC 29-3-12-7).

Key decisions before you file

Before you file a Guardianship of a Minor Petition in Indiana, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.

Open the Guardianship of a Minor Petition guide

Customize your Guardianship of a Minor Petition Template with DocDraft

STATE OF INDIANA COUNTY OF [COUNTY]

IN THE [CIRCUIT OR SUPERIOR] COURT CAUSE NO. [CAUSE NUMBER] Case Type: GU

IN THE MATTER OF THE GUARDIANSHIP OF [CHILD'S FULL NAME], A MINOR

VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON AND/OR ESTATE OF A MINOR

TO THE HONORABLE COURT:

[PETITIONER NAME], Petitioner, respectfully states as follows.

PETITIONER Petitioner resides at [PETITIONER ADDRESS] and is the minor's [RELATIONSHIP TO THE MINOR, FOR EXAMPLE GRANDPARENT, ADULT SIBLING, OR OTHER ADULT]. Petitioner requests appointment as guardian of [THE PERSON, THE ESTATE, OR BOTH THE PERSON AND THE ESTATE] of the minor named below.
THE MINOR [CHILD'S FULL NAME], born [DATE OF BIRTH], currently resides at [CHILD'S CURRENT ADDRESS] in [COUNTY] County, Indiana. The minor is [AGE] years old.
PARENTS The minor's parents are [MOTHER'S FULL NAME], residing at [MOTHER'S ADDRESS OR LAST KNOWN WHEREABOUTS], and [FATHER'S FULL NAME], residing at [FATHER'S ADDRESS OR LAST KNOWN WHEREABOUTS]. [WHETHER EACH PARENT IS LIVING, WHETHER EACH PARENT CONSENTS TO THIS APPOINTMENT, AND WHO HAS HAD THE MINOR'S PRINCIPAL CARE AND CUSTODY DURING THE SIXTY DAYS BEFORE FILING].
PERSONS ENTITLED TO NOTICE The following persons are entitled to notice of this petition and the hearing under IC 29-3-6-1: each living parent named above, [ANY PERSON WHO HAD THE MINOR'S PRINCIPAL CARE AND CUSTODY DURING THE SIXTY DAYS BEFORE FILING], and the minor, if the minor is at least fourteen years old and has not signed this petition.
NECESSITY FOR GUARDIANSHIP A guardianship is necessary because [DESCRIPTION OF WHY THE PARENTS CANNOT CARE FOR THE MINOR AND WHY GUARDIANSHIP IS NEEDED].
TEMPORARY GUARDIANSHIP [PETITIONER DOES NOT REQUEST A TEMPORARY GUARDIANSHIP, OR PETITIONER REQUESTS APPOINTMENT AS TEMPORARY GUARDIAN UNDER IC 29-3-3-4, FOR A PERIOD NOT TO EXCEED NINETY DAYS, BECAUSE THE MINOR'S WELFARE REQUIRES IMMEDIATE ACTION AND NO OTHER PERSON APPEARS TO HAVE AUTHORITY TO ACT].
QUALIFICATIONS OF PROPOSED GUARDIAN Petitioner is a fit and proper person to serve as guardian. Petitioner understands that a criminal history check through the Department of Child Services may apply, and that a guardian ad litem may be appointed for the minor.
PROPERTY OF THE MINOR [DESCRIPTION OF THE MINOR'S PROPERTY AND ITS ESTIMATED VALUE, IF ANY].
BOND Petitioner [REQUESTS THAT BOND BE SET UNDER IC 29-3-7-1, OR REQUESTS THAT THE COURT FIND A BOND UNNECESSARY].
RELIEF REQUESTED Petitioner requests that the court appoint Petitioner guardian of [THE PERSON, THE ESTATE, OR BOTH] of the minor named above, set or waive bond as the court finds appropriate, and grant such other relief as is just and proper.

Indiana's statewide petition packet, form CCA-GU-1120-4002 (Verified Petition for Appointment of Guardian(s) of the Person of the Minor, Without Consent) or form CCA-GU-0520-4002 (With Consent), is the court's official form for this filing, and that form controls; this document is a working draft to prepare before filing.

VERIFICATION

I affirm under the penalties for perjury that the foregoing representations are true.

[SIGNATURE] [PETITIONER NAME] [ADDRESS] [CITY, INDIANA ZIP] [PHONE] [EMAIL]

Dated: [DATE]

Indiana Requirements for Guardianship of a Minor Petition

Petition Filed in Circuit or Superior Court With Probate Jurisdiction
The petition is filed under IC 29-3-5-1 in the circuit or superior court with probate jurisdiction in the county where the minor resides; a juvenile court instead has exclusive jurisdiction if the minor is already the subject of a CHINS or delinquency case (IC 29-3-2-1(b)-(c)).
Mandatory Statewide CCA-GU Petition Packets
IndianaLegalHelp.org publishes mandatory statewide petition packets, form CCA-GU-1120-4002 without the parents' consent and form CCA-GU-0520-4002 with consent, plus a required confidential Guardianship Information Sheet under Trial Rule 3.1(A)(10).
90-Day Cap on Temporary Guardianship, With One Extension
A court may appoint a temporary guardian for a period not to exceed 90 days, with one court-approved extension of up to 90 more days for good cause shown after notice and hearing (IC 29-3-3-4(a)).
Notice to Parents, Recent Caregiver, and a Minor Age 14 or Older
Notice of the petition and hearing must go to any living parent, anyone who had the minor's principal care and custody during the 60 days before filing, and the minor if at least 14 years old unless the minor signed the petition (IC 29-3-6-1(a)(3)).
DCS Criminal History Check May Apply
A petitioner in a guardianship to which IC 29-3-8-9 applies must submit the information for a Department of Child Services criminal history check of the petitioner and other household members, so ask the court whether that check applies to your case, and anyone convicted of certain sex offenses against children or a registered sexually violent predator is barred from serving as guardian (IC 29-3-5-1.5; IC 29-3-7-7).
Guardian Ad Litem Required Unless the Minor Has Counsel
A guardian ad litem must be appointed unless the minor is already adequately represented by counsel, though the court may waive that for an uncontested petition over only the minor's property with written findings (IC 29-3-2-3).
Bond Required Unless the Court Finds It Unnecessary
A bond is required of a guardian of the person or the estate unless the court finds a bond unnecessary or the guardian is a bank or trust company; the default amount is the value of the guardianship property plus one year's estimated income, minus any property the guardian cannot sell or encumber without a court order (IC 29-3-7-1).
12-Month Parental Power-of-Attorney Alternative, No Court Filing
A parent may delegate custody, support, health care, and property powers over the minor to another adult by a notarized power of attorney alone, for up to 12 months, longer if the delegating parent is on active military duty, with no court filing at all (IC 29-3-9-1(c), (i)).
Guardianship May Extend to Age 22 by Joint Petition
A minor at least 17 years old and the guardian may jointly petition to extend the guardianship past age 18, to a stated date or to age 22 at the latest, on a best-interest finding (IC 29-3-12-7).

Find out where you stand in Indiana

Introduction

Key Things to Know

Key decisions before you file

Customize your Guardianship of a Minor Petition Template with DocDraft

Indiana Requirements for Guardianship of a Minor Petition

Petition Filed in Circuit or Superior Court With Probate Jurisdiction

Mandatory Statewide CCA-GU Petition Packets

90-Day Cap on Temporary Guardianship, With One Extension

Notice to Parents, Recent Caregiver, and a Minor Age 14 or Older

DCS Criminal History Check May Apply

Guardian Ad Litem Required Unless the Minor Has Counsel

Bond Required Unless the Court Finds It Unnecessary

12-Month Parental Power-of-Attorney Alternative, No Court Filing

Guardianship May Extend to Age 22 by Joint Petition

Frequently Asked Questions