Indiana Guardianship Forms: Guide

Key Takeaways

• Indiana Guardianship Forms are legal documents that grant a person authority to care for a minor or incapacitated adult under state law.

• Completing and filing these forms properly ensures the court recognizes a guardian’s authority and the ward’s rights remain protected.

• There are several types, including limited, temporary, permanent, and specialized guardianships like those for veterans or minors.

• Guardians must have their forms notarize to verify authenticity and prevent fraud before submitting them to court.

• Book an online notary appointment with NotaryPro to have your Indiana Guardianship Form notarized in 7 minutes.

If you are seeking to become a guardian of a minor or incapacitated adult, you’ll likely need to submit an Indiana Guardianship Form. Completing a Guardianship Form correctly ensures the court recognizes your authority and the guardianship follows state law.

Here, we’ll explain every step required to file your Indiana guardianship form correctly.

What Are Indiana Guardianship Forms?

Indiana Guardianship Forms are legal documents that define a guardian’s authority and responsibilities over another person. This person is known as the ward or protected person. The ward may be a minor or an adult who cannot manage personal or financial matters due to incapacity. These forms establish the legal relationship between guardian and ward, providing the framework for the guardian’s decision-making power and duties.

Indiana Guardianship Forms also make the guardianship process smoother, helping to ensure that the court formally recognizes and enforces a guardian’s role. Without these documents, proving legal authority to act on behalf of the ward can be difficult or even impossible.

What Does it Mean to Be a Guardian?

A guardian is someone the court authorizes to make legal, financial, or personal decisions for another person (the ward). As a guardian, you must follow Indiana’s guardianship laws and local court rules, which outline your responsibilities.

You can only become a guardian when a court order officially grants you guardianship authority. Simply living with a child or incapacitated adult doesn’t make you their official legal guardian.

Difference Between Guardianship and Custody in Indiana

In Indiana, guardianship allows a non-parent to care for and make decisions on behalf of a minor. Custody, on the other hand, generally refers to a parent’s legal right to care for their own child.

Granting guardianship does not always remove custody from a biological parent, nor does it permanently end parental rights.

Responsibilities of a Legal Guardian

If you become a legal guardian in Indiana, you’ll have several vital responsibilities. A guardian is obligated to always act in a ward’s best interests.

In Indiana, a Guardian’s key duties include the following:

• Meeting the care and conduct standards that apply to trustees.
• Prioritizing the ward’s well-being in every decision.
• Following the guardianship property standards set by Indiana law.
• Protecting and managing the ward’s assets responsibly.
• Filing an inventory of assets if appointed as guardian of the estate.
• Managing financial matters, such as income, bills, and property.
• Making medical and personal care decisions for the ward if authorized to do so.

When Do You Need an Indiana Guardianship Form?

As a guardian in Indiana, you need to submit a Guardianship Form before you can act on behalf of a ward. These forms are used in several situations, including when:

• Parents are deceased or legally incapacitated.
• An adult becomes incapacitated because of illness, disability, or advanced age.
• A minor needs care from someone other than their parent.
• Temporary guardianship is needed (e.g., while a parent is away or cannot provide care).

Who Needs an Indiana Guardianship Form?

Several individuals and professionals may need to complete Guardianship Forms in Indiana, depending on the situation. Common examples include:

• Prospective guardians such as family members, close friends, or professional guardians seeking legal authority to care for a ward.
  
• Parents or relatives requesting temporary guardianship arrangements for a minor.
  
• Healthcare or social service professionals helping with guardianship for an incapacitated adult.

Types of Indiana Guardianship Forms

Indiana Guardianship Forms vary depending on the type of guardianship requested and the ward’s needs. Each form has a specific purpose, and choosing the correct one ensures your petition meets Indiana’s legal requirements. 

Common forms include:

• Limited Guardianship: gives the guardian specific authority, such as managing healthcare, finances, or living arrangements, while the ward retains other rights.
  
• Guardian ad Litem: appoints a neutral person to represent the ward’s best interests during court proceedings.
  
• Veterans Administration Guardianship: used when the ward receives benefits from the U.S. Department of Veterans Affairs and needs assistance managing those funds.
  
• Permanent Guardianship: provides ongoing authority to make decisions about the ward’s care, finances, or both.
  
• Temporary Guardianship: grants short-term authority when immediate care or protection is needed, such as during a parent’s absence.
  
• Minor Guardianship: allows an adult to care for a child with parental consent, or if the court finds guardianship necessary.

Parties Involved in Indiana Guardianship Cases

Every Indiana guardianship case involves several key participants. Each party has specific roles, responsibilities, and legal rights throughout the process. The main participants are the proposed guardian, the ward, and other interested parties. See more on the parties involved in an Indiana Guardianship case below.

The Proposed Guardian

The proposed guardian is a person seeking legal authority to manage a ward’s care or estate. They must obtain a court order before acting as a proposed guardian. To qualify as a guardian, they have to:

• Meet court qualifications and follow Indiana guardianship laws.
• Comply with court-imposed restrictions and limitations on authority.
• Consider the preferences of the incapacitated person whenever possible.
• Respect the wishes of a minor who is at least 14 years old.
• Acknowledge the ward’s spouse’s request(s) if applicable.
• Account for other relevant considerations identified by the court.
• Prioritize the ward’s best interests in every decision.
• Submit an inventory of assets if seeking guardianship of the estate.

Note: Living with the ward does not create legal guardianship.

The Ward (Allegedly Incapacitated Adult or Minor) 

The ward is the individual placed under guardianship. This can either be a minor child who needs care or an incapacitated adult who needs assistance managing personal or legal affairs. 

A child may qualify as a ward when their parents are deceased, unavailable, or deemed unable to provide adequate care. The court may also approve guardianship if it determines the arrangement serves the child’s best interests, even when the parents consent.

An incapacitated adult may qualify as a ward based on physical, mental, or cognitive incapacity. This incapacity must limit their ability to manage their personal or financial matters. They may:

• Be represented by an attorney or a guardian ad litem appointed by the court.
• Participate in hearings to express preferences or contest guardianship when capable.
• Receive legal protection to ensure their rights remain intact.

Other Parties Involved

Indiana guardianship cases often involve other people or organizations with a legitimate interest in the outcome. These may include:

• Close family members, such as grandparents or relatives named in a parent’s Will.
• Friends or caregivers who meet the legal qualifications to serve as guardians.
• Judges, attorneys, and guardianship professionals who help manage or oversee the process.
• Volunteers and advocates working with adult guardianship programs.
• Financial institutions, which verify asset reports and certify guardianship accountings.

The Guardianship Process in Indiana

The guardianship process in Indiana follows a series of structured steps governed by state statutes and local court rules. Each step ensures the proposed guardian is qualified and that the arrangement serves the ward’s best interests.

Step 1: File a Petition for Guardianship

Begin by completing and submitting the Petition for Guardianship to the Indiana court with probate jurisdiction. This filing officially starts the guardianship process.

The filing fee for a guardianship petition in Indiana is USD$177. Although it’s possible to file without legal representation, it’s generally advisable to seek an attorney’s assistance. In some cases, the court may even require it.

Your Petition for Guardianship must explain:

• Why guardianship is necessary.
• How guardianship serves the ward’s best interests.
• That you are the most qualified person to serve as guardian.

Step 2: Provide Supporting Documentation

Attach any relevant documents that support your petition, like medical, financial, or personal records describing the ward’s condition and needs.

Include any required verified statements, Affidavits, or an inventory of assets if the guardianship covers the ward’s estate. These documents help the court assess the need for guardianship and determine the scope of authority requested.

Step 3: Notify Interested Parties

Indiana law requires the proposed guardian to notify all interested parties about the guardianship petition and the scheduled court hearing.

You must send notice to the following individuals:

• The ward
• The ward’s immediate family members
• Other individuals or agencies with a legitimate interest

You must file proof that notice was provided, typically through Notice of Hearing and Certificate of Service forms.

Step 4: Court Evaluation and Hearing

After filing, the court reviews your petition and supporting evidence, then holds a hearing to evaluate your request. A judge examines all submitted materials and may question you (the proposed guardian) and other parties.

During your hearing, the ward has the right to appear, present evidence, and cross-examine witnesses. This ensures their perspective and rights are fully considered.

Step 5: Court Decision and Appointment

The court determines whether guardianship is necessary and, if so, who is best suited to serve. Factors that it considers to make these decisions include:

• The ward’s expressed wishes.
• The proposed guardian’s ability to manage finances and property.
• The ward’s and the proposed guardian’s financial situations.
• The guardian’s capacity to act in the ward’s best interests.

If the court approves your petition, it issues an Order Appointing Guardian and Letters of Guardianship. These official forms give you legal authority to act on the ward’s behalf.

Notarizing Your Indiana Guardianship Form

Having Indiana Guardianship Forms notarized before submitting them to the court is a legal requirement. Notarization protects against fraud and ensures all supporting documents are authentic. It also confirms that the person seeking guardianship is genuinely the one filing the petition.  

Notarization involves signing your form in front of an authorized official, like a notary public. During notarization, a notary verifies your identity, witnesses your signature, and confirms that the statements you’ve made in your form are factual. You must make an oath or affirmation, stating that the information in your form is true and accurate.

You can have your Indiana Guardianship Form notarized online with a licensed notary in just 7 minutes with our online notary solution. To learn more about online notarization and how to prepare, see our guide on preparing for an online notary appointment.

Complete Your Indiana Guardianship Form with Confidence

Establishing guardianship in Indiana involves completing a Guardianship Form and filing it with the court. Each step must be accurate to ensure the court recognizes your authority as a guardian.

Before you submit your documents, make sure your Indiana Guardianship Form is properly notarized. You can have your form notarized entirely online in just 7 minutes, from anywhere with Wi-Fi. Our licensed notaries offer morning, afternoon, and evening appointments, seven days a week.

Book an online notary appointment now to have your Indiana Guardianship Form notarized and ready for filing.