Adult Guardianship in Indiana
Reviewed by DocDraft Legal Team - Indiana - Last updated October 9, 2026
In Indiana a county probate or circuit court (case type GU) appoints a "guardian" under IC Title 29, Article 3, and one term covers authority over the person, the property, or both; the court may also limit the guardianship. The adult is the "alleged incapacitated person" during the case and the "protected person" afterward. An "incapacitated person" is one who is unable to manage property, provide self-care, or both, in whole or in part, because of a listed cause such as mental illness, infirmity or undue influence, who has a developmental disability, or who cannot be located upon reasonable inquiry (IC 29-3-1-7.5). The court must also find that appointing a guardian is necessary as a means of providing care and supervision of the physical person or property (IC 29-3-5-3(a)). Indiana lets the issues be tried by a jury if requested at least 72 hours before the original hearing date and time, and in no event more than 30 days after service of notice.
Find out where you stand in Indiana
What is happening with the adult you are concerned about?
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How does a court decide an adult needs a guardian in Indiana?
The court must find the person is an "incapacitated person" and that a guardian is necessary as a means of providing care and supervision of the physical person or property (IC 29-3-5-3(a)). Incapacity means being unable to manage property, self-care, or both, in whole or part, from a listed cause; having a developmental disability; or being unlocatable upon reasonable inquiry.
Which court and which form start an adult guardianship in Indiana?
The case is filed in the county probate or circuit court as a GU case type. Counties publish their own petition packets, such as Monroe County's Verified Petition for Appointment of Guardian of the Person and/or Estate of an Incapacitated Adult, and that county says every form in its packet is required to file. Ask your county clerk, because the court's requirements control.
Does Indiana require a doctor's report for an adult guardianship?
Ask the county clerk whether a physician's report is required; Monroe County's packet, for example, requires a Physician's Report from the adult's regular treating physician, so check your county. A court may also issue a confidential health disclosure order (IC 29-3-4-1.5) requiring a provider to produce records or write a narrative report on capacity.
What rights does the person have in an Indiana guardianship case?
The person, spouse, adult children (or parents if none) and other listed people get the petition. The person must attend unless the court finds impossibility, a health or safety threat, or knowing and voluntary consent or waiver. Counsel may be appointed; a guardian ad litem is required if the person is unrepresented or not adequately represented, unless waived.
Indiana's single guardian term, necessity finding, and jury right
Indiana uses one term, "guardian," for adults and minors, and a guardian may be appointed for the person, the property, or both, with the scope limited where the person's welfare is best served; "conservator" appears only as a synonym inside the statutory definition of guardian (IC 29-3-1-6). The case is a GU case type in the county probate or circuit court under IC Title 29, Article 3. The adult is the "alleged incapacitated person" and then the "protected person." Incapacity means being unable to manage property, provide self-care, or both, in whole or in part, 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, or other incapacity, or having a developmental disability, or being someone who cannot be located upon reasonable inquiry, and the court must also find that a guardian is necessary as a means of providing care and supervision of the physical person or property (IC 29-3-1-7.5; IC 29-3-5-3(a)). No guardian may be appointed until the incapacity has been adjudicated (IC 29-3-5-2). Ask the county clerk whether a physician's report is required; the court may order health records or a narrative capacity report through a confidential health disclosure order (IC 29-3-4-1.5), and county packets such as Monroe County's require a treating physician's report. On counsel, the court may appoint an attorney unless the person is already represented, and must appoint a guardian ad litem if it finds the person is not represented or not adequately represented, unless waived, stating its reasons on the record (IC 29-3-2-3(a)). The distinctive feature is the jury: the issues are decided by a jury if requested at least 72 hours before the original hearing date and time, and in no event more than 30 days after service of notice (IC 29-3-5-1(e)). The petition must also describe the petitioner's efforts to use less restrictive alternatives (IC 29-3-5-1(a)(11)).
Relevant Laws
Indiana Code 29-3-1 (Definitions: guardian, incapacitated person, less restrictive alternatives)
Defines guardian (IC 29-3-1-6), incapacitated person (IC 29-3-1-7.5) and less restrictive alternatives (IC 29-3-1-7.8) for Indiana's guardianship and protective proceedings article, IC Title 29, Article 3.
Indiana Code 29-3-5 and 29-3-6 (Petition, findings, notice and hearing)
Sets the petition contents including the description of less restrictive alternatives, the findings required before appointment, the jury request deadline, who receives notice and the statutory notice form.
Indiana Code 29-3-2, 29-3-4-1.5 and 29-3-9-11 (Guardian ad litem, health disclosure order, investigation)
Covers attorney and guardian ad litem appointment for the alleged incapacitated person, the confidential health disclosure order and narrative report, and court-ordered investigation by the secretary of family and social services.
Monroe County Adult Guardianship Petition Packet (county court forms)
A county-hosted packet of the forms Monroe County requires to file an adult guardianship, including the verified petition and the Physician's Report. Other counties may use different packets, so ask your county clerk.
Regional Variances
Indiana adult guardianship requirements
Court
County probate or circuit court, as a GU case type under Administrative Rule 8(B)(3). The county court that hears the case varies.
Terms used
"Guardian" (one term for adults and minors, covering the person, the property, or both). The adult is the "alleged incapacitated person" and then the "protected person." "Conservator" appears only as a synonym inside the definition of guardian (IC 29-3-1-6).
Petition form
Verified petition for appointment of a guardian, filed with the county clerk. Counties publish their own packets, such as Monroe County's, which says all forms in its packet are required to file. Ask your clerk, because the court's requirements control.
Incapacity standard and proof
Unable to manage property, provide self-care, or both, in whole or in part, 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, or other incapacity; or a developmental disability; or cannot be located upon reasonable inquiry (IC 29-3-1-7.5). The court must also find that appointing a guardian is necessary as a means of providing care and supervision of the physical person or property (IC 29-3-5-3(a)). For the standard of proof the court applies, ask the clerk or an Indiana attorney.
Medical or evaluator report
Ask the county clerk whether the court or local practice requires a physician's report. The court may issue a confidential health disclosure order requiring a provider to produce records or write a narrative report (IC 29-3-4-1.5), and may order the secretary of family and social services to investigate (IC 29-3-9-11). Monroe County's packet requires a Physician's Report from the regular treating physician; check your county.
Notice and service
Notice of petition and hearing with a copy of the petition to the alleged incapacitated person, spouse, adult children (or parents if none), any guardian or custodian, one closest relative if no one else is notified, any attorney-in-fact under a durable power of attorney, and anyone the court directs, through the E-filing System of the Indiana Courts or by first class postage prepaid mail (IC 29-3-6-1; IC 29-3-6-2). Notice is not required for a person who waives it or appears. Ask the clerk for the number of days before the hearing.
Right to counsel
Unless the person is already represented, the court may appoint an attorney. A guardian ad litem is required if the court finds the person is not represented or not adequately represented, unless waived, and the court states its reasons on the record (IC 29-3-2-3(a)). The person must be present at the hearing unless the court finds impossibility, a threat to health or safety, or a knowing and voluntary consent or waiver, and may present evidence and cross-examine.
Less restrictive alternatives
The petition must describe efforts to use them, the reason any was not considered, and why each is insufficient (IC 29-3-5-1(a)(11)). Limited guardianship is available and the court shall limit scope where welfare is best served (IC 29-3-5-3(b)). Supported decision making is governed by IC 29-3-14.
Temporary guardian
If no guardian has been appointed, an emergency exists, the welfare of the person requires immediate action, and no other person appears to have authority (or an existing guardian is not performing fiduciary duties, IC 29-3-3-4(c)): up to 90 days, with one extension of not more than 90 days on notice, hearing and good cause. Without notice and hearing, only if immediate and irreparable injury to the person or loss to property may result before the person can be heard (IC 29-3-3-4).
Bond and reports
Bond unless the court finds it unnecessary and so orders, or the guardian is a bank or trust company; minimum is the guardianship property plus one year's estimated income, less property that cannot be sold without court order, and the court may fix a lower amount that gives adequate protection (IC 29-3-7-1). Inventory within 90 days after appointment (30 days for a temporary guardian). Unless the court directs otherwise, verified accounts at least biennially, not more than 30 days after the anniversary of appointment, and within 30 days after termination, with a hearing on each (IC 29-3-9-5; IC 29-3-9-6).
Suggested Compliance Checklist
Weigh less restrictive alternatives
Before filing days after startingAsk whether a durable power of attorney, healthcare power of attorney, supported decision making agreement, representative payee, or a limited guardianship would meet the need. If you file, the petition must describe your efforts to use less restrictive alternatives, the reason any was not considered, and why each is insufficient (IC 29-3-5-1(a)(11)).
Get the medical or capacity report your county requires
Before filing days after startingAsk the clerk whether your county requires a physician's report; Monroe County's packet requires one from the adult's regular treating physician. The court may issue a confidential health disclosure order (IC 29-3-4-1.5) requiring records or a narrative capacity report.
File the verified petition with the county court
At filing days after startingFile the verified petition for appointment of a guardian and the other forms your county requires in the probate or circuit court as a GU case. Ask the clerk about local forms and the filing fee; the court's requirements control.
Give notice and prepare for the hearing
Before the hearing days after startingGive notice of the petition and hearing, with a copy of the petition, to the alleged incapacitated person, spouse, adult children (or parents if none), any guardian or custodian, one closest relative if no one else is notified, any attorney-in-fact under a durable power of attorney, and anyone the court directs, by the E-filing System or first class mail. Ask the clerk for the number of days before the hearing. A jury request must be made at least 72 hours before the original hearing date and time, and in no event more than 30 days after service of notice.
Calendar bond, inventory and accounts
After appointment days after startingFile a bond unless the court finds it unnecessary and so orders, or the guardian is a bank or trust company. File the sworn inventory within 90 days after appointment (30 days for a temporary guardian). Unless the court directs otherwise, file verified accounts at least biennially, not more than 30 days after the anniversary of appointment, and within 30 days after termination.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Weigh less restrictive alternatives | Ask whether a durable power of attorney, healthcare power of attorney, supported decision making agreement, representative payee, or a limited guardianship would meet the need. If you file, the petition must describe your efforts to use less restrictive alternatives, the reason any was not considered, and why each is insufficient (IC 29-3-5-1(a)(11)). | durable-power-of-attorney | Before filing |
| Get the medical or capacity report your county requires | Ask the clerk whether your county requires a physician's report; Monroe County's packet requires one from the adult's regular treating physician. The court may issue a confidential health disclosure order (IC 29-3-4-1.5) requiring records or a narrative capacity report. | - | Before filing |
| File the verified petition with the county court | File the verified petition for appointment of a guardian and the other forms your county requires in the probate or circuit court as a GU case. Ask the clerk about local forms and the filing fee; the court's requirements control. | - | At filing |
| Give notice and prepare for the hearing | Give notice of the petition and hearing, with a copy of the petition, to the alleged incapacitated person, spouse, adult children (or parents if none), any guardian or custodian, one closest relative if no one else is notified, any attorney-in-fact under a durable power of attorney, and anyone the court directs, by the E-filing System or first class mail. Ask the clerk for the number of days before the hearing. A jury request must be made at least 72 hours before the original hearing date and time, and in no event more than 30 days after service of notice. | - | Before the hearing |
| Calendar bond, inventory and accounts | File a bond unless the court finds it unnecessary and so orders, or the guardian is a bank or trust company. File the sworn inventory within 90 days after appointment (30 days for a temporary guardian). Unless the court directs otherwise, file verified accounts at least biennially, not more than 30 days after the anniversary of appointment, and within 30 days after termination. | - | After appointment |
Frequently Asked Questions
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