Indiana Guardianship Bond Requirements and Filing Fees

The True Cost of Filing for Guardianship in Indiana

Most families focus on the filing fee when they think about guardianship costs. But the filing fee is just the front door — bonds, evaluations, service fees, and ongoing reporting costs add up over the life of the guardianship. Understanding these costs upfront helps families decide whether guardianship is truly necessary or whether a less-restrictive (and far less expensive) alternative makes more sense.

Filing Fees

The standard statewide filing fee for a new guardianship (GU case type) in Indiana is $177. Some counties assess supplementary fees on top of this — Clark and Daviess counties, for example, have historically listed varying structures between $161 and $177 depending on the specific court division used.

If the petitioner or the proposed ward can't afford the filing fee, Indiana courts allow a fee waiver. You'll need to file two documents:

• An Indigency Affidavit — a sworn statement of financial hardship with details about income, assets, and expenses
• A Verified Motion for Fee Waiver — the formal request asking the court to waive the fee

The court reviews these and decides whether the circumstances qualify. If granted, the filing fee is waived entirely.

Service of Process Fees

After filing the petition, you must formally notify everyone entitled to notice under IC § 29-3-6-1: the alleged incapacitated person, their parents, their spouse, their principal custodian, and any named attorney-in-fact. If you use the county sheriff to deliver service rather than mailing the notice, expect an additional fee — $28 in counties like Clark and Daviess, with $10 per additional name added to the service request. Other counties set their own rates.

The Waiver of Notice Process

Not everyone needs to be formally served. Any interested family member who supports the guardianship petition can sign a notarized Waiver of Notice of Hearing and Consent to Guardianship. This document says, in effect, "I know about this petition, I don't object, and I waive my right to receive formal notice."

This is routine in uncontested guardianships where the family agrees on the arrangement. Each person who signs a waiver is one fewer person the petitioner needs to serve, which saves both time and service fees. The waiver must be notarized and filed with the court before the hearing.

The alleged incapacitated person remains a mandatory notice recipient, but a person entitled to notice may waive notice; use the court's form and follow local rules.

Guardianship Bonds

If the court appoints a guardian of the estate (meaning the guardian controls the ward's finances and property), the guardian must file any fiduciary surety bond the court directs. The bond protects the ward's assets — if the guardian mismanages or steals funds, the bonding company covers the loss and then pursues the guardian for repayment.

How bond amounts are set: The court sets the required bond amount, and local rules may specify how it is calculated. Confirm the amount with the court before arranging a surety bond.

What bonds cost: The guardian pays an annual premium to a surety company. The premium varies with the bond amount and provider; confirm the current premium and payment treatment under the court's order.

Who can waive the bond: Whether a bond is required, and any waiver or restriction in lieu of a bond, depends on the court's order and local rules. Do not assume a waiver; ask the court.

Guardians of the person only: If the guardian has authority over the person but not the estate (someone else or no one manages the finances), a bond typically isn't required. But if the guardianship order is later modified to include estate authority, the court will address the bond requirement.

Clinical Evaluation Costs

Before filing, the petitioner needs a Physician's Report — a clinical evaluation documenting the alleged incapacitated person's specific functional limitations. This evaluation must be performed within three months of the filing date. The evaluator can be a physician, nurse practitioner, or clinical psychologist.

The cost depends on who performs it and the evaluation needed; confirm the provider's fee before scheduling. Under IC § 29-3-9-9, these costs are paid from the ward's estate.

Attorney Fees

Indiana guardianship can technically be done pro se (without a lawyer), but the procedural complexity — county-specific forms, local rules, service requirements, confidentiality designations — makes legal counsel a near-necessity for most families. For planning purposes, research estimates limited guardianship costs at $1,500 to $4,000+ and plenary guardianship costs at $2,500 to $7,000+; contested cases can run higher.

Court-approved fees and expenses may be payable from the ward's estate under IC § 29-3-9-9.

The Alternative Cost Comparison

Consider what the alternatives cost:

• Supported Decision-Making agreement: $0 to $50 (notary fee only)
• Durable Power of Attorney: $0 to $500 (depending on whether an attorney drafts it)
• Healthcare Representative appointment: $0 (official Indiana Department of Health forms are free)
• Educational Representative: $0 (administered by the school)
• Representative Payee: $0 (administered by the Social Security Administration)

None of these require a filing fee, a bond, biennial court reports, or ongoing attorney fees. The Indiana Guardianship & Alternatives Guide explains exactly how each alternative works, when they're legally sufficient, and when guardianship becomes unavoidable.

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