Indiana Guardian Ad Litem

What a Guardian Ad Litem Does in Indiana Guardianship Cases

A guardian ad litem (GAL) is an independent advocate appointed by the court to represent the best interests of the alleged incapacitated adult during a guardianship proceeding. The GAL is not on your side or the court's side — their job is to investigate the situation from the adult's perspective and report their findings to the judge.

In Indiana adult guardianship cases filed under IC § 29-3, the court may appoint a GAL at the initial hearing or any time during the proceeding when the judge determines that the adult's interests need independent representation.

What the GAL Investigation Looks Like

The GAL typically meets with the alleged incapacitated adult, visits their living situation, reviews medical and educational records, and interviews family members, caregivers, and other involved parties. They assess two core questions:

1. Does this adult actually lack the capacity to manage their own affairs — and if so, in which specific areas?
2. Have less-restrictive alternatives been adequately considered?

The GAL files a written report with the court summarizing their findings and making a recommendation. That recommendation carries significant weight. If the GAL concludes that a Supported Decision-Making agreement or power of attorney could address the family's concerns without a court order, the judge may deny the guardianship petition.

Who Pays for the GAL

Under Indiana Code § 29-3-9-9, the expenses of guardianship proceedings — including GAL fees — are paid from the property of the protected person. If the adult has no property or insufficient assets, the court may order a different arrangement.

GAL fees vary by county and case complexity. In straightforward cases with cooperative families, the cost may be relatively modest. In contested cases where the GAL needs to conduct extensive investigation, interview multiple witnesses, or appear at multiple hearings, fees can add significantly to the overall cost of the proceeding.

This is one more reason to seriously evaluate whether court-supervised guardianship is necessary. Every step in the judicial process — GAL, attorney fees, physician's report, filing fees, bond premiums — compounds the financial burden on the family or the adult's estate.

When the Court Is More Likely to Appoint a GAL

Courts are particularly likely to appoint a GAL when:

• Family members disagree about whether guardianship is necessary or who should serve as guardian
• The alleged incapacitated adult objects to the petition
• There are concerns about potential conflicts of interest (for example, the proposed guardian also manages the adult's finances)
• The adult has no attorney of their own

In contested cases, the GAL's independent investigation can be the deciding factor. If siblings disagree about who should serve as guardian, or if one family member believes alternatives would suffice while another insists on full guardianship, the GAL's assessment helps the judge cut through the conflict.

How the GAL Differs From the Guardian

The terms sound similar but serve completely different roles. The GAL's appointment is temporary — they investigate and report during the proceeding, then their involvement ends. A guardian, by contrast, takes on ongoing authority and responsibility after the court issues its order.

A GAL has no decision-making authority over the adult. They can't sign medical consent forms, manage bank accounts, or make residential decisions. Their role is to ensure the court has an unbiased picture of the adult's situation before making a life-altering ruling.

Preparing for the GAL's Involvement

If a GAL is appointed in your case, cooperation helps. Be ready to explain why you believe guardianship is necessary, what alternatives you've considered and why they aren't sufficient, and what specific decision-making areas you're seeking authority over.

Families who come into the process having already documented their evaluation of less-restrictive alternatives — and who can articulate why those alternatives don't meet the adult's needs — make the GAL's investigation more straightforward and demonstrate good faith to the court.

The Indiana Adult Guardianship & Alternatives Guide includes the full decision framework courts use to evaluate less-restrictive alternatives, so you can work through that analysis before the GAL does.

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