How to File for Guardianship in Indiana

Before You File: The Less-Restrictive Requirement

Indiana courts are statutorily required to consider less-restrictive alternatives before granting any guardianship petition. If you haven't explored Supported Decision-Making agreements, durable powers of attorney, Health Care Advance Directives, or Educational Representative appointments, the court may deny your petition on that basis alone.

This isn't a formality. The landmark Wayne Superior Court case In re the Guardianship of Jamie Beck terminated an existing guardianship specifically because Supported Decision-Making was a sufficient, less-restrictive alternative. Start with alternatives and document why they don't cover your family's situation before moving to a court filing.

Step 1: Get the Physician's Report

The physician's report is the medical foundation of your petition. A licensed physician, nurse practitioner, or clinical psychologist must examine your adult child and complete State Form 45670 (or the local county equivalent — Marion County uses Form 413.3, Porter County uses Probate Appendix D).

The report must document:

• The specific physical, developmental, or mental conditions causing incapacity
• Whether the adult can attend the court hearing without injury to their health
• Whether less-restrictive alternatives were evaluated
• Whether the incapacity is total or partial (this determines limited vs. plenary guardianship)

The examination must occur within 3 months of the filing date. An older report is automatically invalid under county probate practice, so coordinate the timing with your filing plans.

Step 2: Prepare the Filing Packet

File your petition in the circuit or superior court that holds probate jurisdiction in the county where the alleged incapacitated adult resides. The standard filing packet for a GU (guardianship) case includes:

1. Verified Petition for Appointment of Guardian
2. Physician's Report
3. Notarized Acceptance and Oath of Guardian
4. Appearance of Pro Se Litigant or Counsel
5. Confidential Guardianship Registry Information Sheet

The standard base filing fee is $177, but county schedules can vary; Clark County has listed $161–$177 depending on the court system. If you can't afford it, file an Indigency Affidavit and Verified Motion for Fee Waiver along with the petition.

Important: the petition cannot be finalized or ruled upon until the young adult has actually turned 18. You can prepare everything in advance, but the court cannot finalize or rule on the petition before the individual reaches the age of majority.

Step 3: Serve Notice

Once the petition is filed and a hearing date is set, you must serve formal notice to satisfy constitutional due process. Under IC § 29-3-6-1, notice goes to:

• The alleged incapacitated adult
• Their living parents
• Their spouse (if applicable)
• The person who has been the principal custodian during the preceding 60 days
• Any named attorney-in-fact under an existing POA
• Anyone else the court directs

Service must be completed 10–14 days before the hearing, and proof of service filed with the clerk. Family members can sign a notarized Waiver of Notice of Hearing and Consent to Guardianship to simplify this step. If service is by sheriff, expect an additional fee — $28 in Clark and Daviess counties, with rates varying elsewhere.

Step 4: The Hearing

At the hearing, the court may appoint a Guardian ad Litem (GAL) to represent the best interests of the alleged incapacitated adult. The GAL investigates the situation independently and reports their findings to the judge.

The petitioner must prove that the adult lacks the capacity to manage their personal affairs, their financial affairs, or both — and that less-restrictive alternatives are insufficient for their situation. The physician's report provides the medical evidence, but the court will also consider the adult's functional abilities and the support systems already in place.

If the court grants the petition, it issues an Order Appointing Guardian and the clerk issues Letters of Guardianship. The court can grant either limited guardianship (authority over specific, judicially carved-out areas) or plenary guardianship (total authority over person and/or estate).

Step 5: Post-Appointment Obligations

Guardianship isn't a one-time event — it comes with ongoing reporting requirements:

• 90-day inventory — for a non-temporary guardianship, file a complete Verified Inventory of Guardianship Property listing all assets under your control (IC § 29-3-9-5). Note: Hamilton County shortens this to 30 days under its local rules.
• Fiduciary bond — if you have authority over the estate, the court may require a surety bond to protect the ward's assets, with premiums paid from the estate.
• Biennial accounting — every two years, file a verified status report covering the ward's condition, placement, all financial transactions, and a statement on whether guardianship remains necessary (IC § 29-3-9-6).
• Termination report — within 30 days after the guardianship ends, file a final verified accounting.

Timeline and Realistic Costs

From physician's evaluation through court order, expect the process to take 1–3 months. Costs typically break down as:

• Filing fee: $177 standard base; county schedules vary (waivable)
• Physician's evaluation: $350 estimate
• Attorney fees: $1,500–$3,000+ for standard proceedings, more if contested
• Sheriff service: $28 in Clark and Daviess counties; other counties vary, and an additional $10 is commonly charged for each extra name
• Ongoing bond premiums and accounting costs

The Indiana Adult Guardianship & Alternatives Guide covers the full filing process alongside every self-executed alternative — so you can make an informed decision about whether court involvement is actually necessary for your family's situation.

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