Guardianship Frequently Asked Question

How are forms filed with the court?

Information including court rules, filing fee waiver forms, and how to file forms with the court can be found at How To File With The Court

What does it mean to be a guardian?

In general, a guardian is a person with the legal right to make decisions for someone else, known as a protected person.  A guardian has  duties under Indiana statutes and local rules.

To be a legal guardian you need an order from the court.  Living with a child or incapacitated adult does not make you their legal guardian without a court order.    

Other Information About Asking For Guardianship

It is always best to get an attorney, and sometimes the court will require you to have an attorney in a guardianship case.  You should review the statutes on guardianship here:  Indiana Code Title 29

Rules may be different in every county.  Local rules for your Indiana county can be found here: Indiana Local Court Rules

All living parents need notice.

Both living parents must be told you are asking the court to give you guardianship. Even if a parent has never met the child, you must show the court that you tried to contact them.  If you cannot find them, you will need to publish according to Indiana Rules of Trial Procedure Rule 4.13.  You should review the statute on notice Indiana Code 4-21.5-3-1.

Information About Caring For Aging Adults

You may need legal advice, and legal advice must come from an attorney. It may be most helpful to contact a lawyer that is knowledgeable in elder care.

This link to the Family and Social Services Administration offers additional information on how to care for aging adults.  And Indiana’s INconnect Alliance can help connect you with specific information and services.

For Enrolling A Child In School

Seek help from a lawyer.  A lawyer can advise you of all the available options. This link might help to connect you to a lawyer in your area: Legal Help Near You.

In the meantime, talk to the school the child should attend. They can give you information on their policies and procedures.  Click here to visit the Indiana Department of Education website.

Supported Decision Making v. Guardianship

A guardianship is not necessary in every circumstance.  It is best to consult an attorney so that you can explore all options, including supported decision making

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