Indiana Adult Guardianship Petition Package

Indiana Adult Guardianship Petition Package

Part 1 — Pre-Petition Checklist

☐ Confirmed Respondent meets the definition of "incapacitated person" under IC § 29-3-1-7.5 (unable by reason of insanity, mental illness, mental deficiency, physical illness, infirmity, habitual drunkenness, excessive use of drugs, incarceration, confinement, detention, or other incapacity to manage in whole or in part the person's property or person).
☐ Confirmed venue under IC § 29-3-2-1: petition filed in the county where Respondent resides or, if non-resident, where property is located.
☐ Identified all individuals required to be named under IC § 29-3-5-1: spouse, adult children, parents, person having care/custody, current fiduciaries.
☐ Documented less restrictive alternatives considered or implemented as required by IC § 29-3-5-1(a)(11) (mandatory pleading element).
☐ Obtained current Physician's Report (commonly required by local court forms; required as medical evidence under IC § 29-3-5-3) within applicable lookback period.
☐ Identified proposed guardian and confirmed eligibility under IC § 29-3-5-4 (no statutory disqualifying factors; suitable to serve).
☐ Determined whether to seek guardianship of the person, the estate, or both; or a more limited protective order under IC § 29-3-4.
☐ Considered whether limited guardianship under IC § 29-3-5-1(a)(4) is appropriate.
☐ Filing fee and bond requirements verified with local clerk and probate court.
☐ Identified the attorney for the proposed guardian, as required by IC § 29-3-5-1(a)(12).
☐ Confirmed plan for service of notice on Respondent and all persons required under IC § 29-3-5-2.
☐ Identified whether any prior CHINS / informal adjustment filings exist for any minor for whom guardianship is sought (IC § 29-3-5-1(a)(13)) — not applicable for adult Respondents but acknowledged.
☐ Confirmed mandatory guardian education / annual report requirements under IC § 29-3-9.

Part 2 — Verified Petition for Appointment of Guardian

VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN

Petitioner, [PETITIONER FULL NAME], by counsel, pursuant to IC § 29-3-5-1, respectfully petitions this Court for the appointment of a guardian for the Alleged Incapacitated Person, and in support states:

1. Petitioner

2. Alleged Incapacitated Person ("AIP") — IC § 29-3-5-1(a)(1)

3. Nature of the Incapacity — IC § 29-3-5-1(a)(2)

The AIP is incapacitated within the meaning of IC § 29-3-1-7.5 by reason of:

☐ Mental illness
☐ Mental deficiency / intellectual disability
☐ Dementia / Alzheimer's disease
☐ Physical illness or infirmity
☐ Habitual drunkenness
☐ Excessive use of drugs
☐ Confinement / detention
☐ Other: [____________]

Specific functional limitations:
[________________________________]

4. Property of the AIP — IC § 29-3-5-1(a)(3)

5. Limited Guardianship Requested — IC § 29-3-5-1(a)(4)

☐ Plenary (full) guardianship
☐ Limited guardianship with the following specific limitations:
[________________________________]

6. Prior or Existing Guardianship / Protective Orders — IC § 29-3-5-1(a)(5)

☐ None
☐ The following protective order or guardianship has been issued or is currently in effect:
[________________________________]

7. Proposed Guardian — IC § 29-3-5-1(a)(6)

8. Persons Most Closely Related to the AIP — IC § 29-3-5-1(a)(7)

9. Person/Institution Having Care and Custody — IC § 29-3-5-1(a)(8)

10. Other Wards for Whom Proposed Guardian Serves — IC § 29-3-5-1(a)(9)

☐ None
☐ The following:
[________________________________]

11. Reasons for Appointment and Petitioner's Interest — IC § 29-3-5-1(a)(10)

[________________________________]

12. Less Restrictive Alternatives — IC § 29-3-5-1(a)(11) (MANDATORY)

Petitioner has used or considered the following less restrictive alternatives and states the following with respect to each:

Why a less restrictive alternative is insufficient to meet the needs of the AIP:
[________________________________]

13. Attorney for Proposed Guardian — IC § 29-3-5-1(a)(12)

14. Scope of Guardianship Requested

☐ Guardian of the Person
☐ Guardian of the Estate
☐ Guardian of the Person and Estate
☐ Temporary Guardian under IC § 29-3-3 (emergency basis only)

15. Prayer for Relief

WHEREFORE, Petitioner respectfully requests this Court to:

a. Set this matter for hearing pursuant to IC § 29-3-5-3;
b. Order notice to be given pursuant to IC § 29-3-5-2;
c. Appoint a Guardian ad Litem under IC § 29-3-2-4 if appropriate;
d. Receive medical evidence under IC § 29-3-5-3;
e. After hearing, adjudicate the AIP an incapacitated person;
f. Appoint [PROPOSED GUARDIAN] as Guardian of the [☐ Person ☐ Estate ☐ Both];
g. Set bond pursuant to IC § 29-3-5-5 at $[__________];
h. Issue Letters of Guardianship; and
i. Grant all other relief just and proper.

VERIFICATION

I affirm under the penalties for perjury that the foregoing representations are true.

Part 3 — Notice to AIP (Alleged Incapacitated Person)

NOTICE TO ALLEGED INCAPACITATED PERSON

TO: [AIP NAME]

A Verified Petition has been filed in the [______________] Court asking that a GUARDIAN be appointed for you. If granted, a guardian will be authorized by the Court to make decisions about your ☐ person ☐ property ☐ both, and you may lose certain rights to make those decisions yourself.

YOU HAVE THE FOLLOWING RIGHTS:

☐ The right to be present at the hearing;
☐ The right to be represented by an attorney of your choosing or to have a guardian ad litem appointed under IC § 29-3-2-4;
☐ The right to present evidence and witnesses on your own behalf;
☐ The right to cross-examine witnesses against you;
☐ The right to require that the Court consider less restrictive alternatives to guardianship under IC § 29-3-5-1(a)(11);
☐ The right to contest the petition and the appointment of the proposed guardian;
☐ The right to a determination by clear and convincing evidence under IC § 29-3-5-3.

HEARING:

Served by: [____________] on [__/__/____] via ☐ Personal Service ☐ Other [____]

Part 4 — Notice to Interested Parties

NOTICE OF PETITION AND HEARING (IC § 29-3-5-2)

TO: [NAME], [RELATIONSHIP TO AIP]

PLEASE TAKE NOTICE that [PETITIONER NAME] has filed a Verified Petition for Appointment of Guardian for [AIP NAME] in the [______________] County [Circuit / Superior] Court under Cause No. [____________].

A hearing on the Petition is scheduled for:

You may appear and be heard. If you object, file your written objection with the Clerk no later than [____] days before the hearing.

Persons Entitled to Notice (IC § 29-3-5-2):

Part 5 — Physician's Report / Medical Evidence (IC § 29-3-5-3)

REPORT OF EXAMINING PHYSICIAN

AIP: [_______________________]
Date of Most Recent Examination: [__/__/____]
Physician Name: [_______________________]
Specialty: [_______________________]
Medical License No.: [_______________________]
Address: [_______________________]

A. Diagnosis / Conditions Causing Incapacity

[________________________________]

B. Onset and Duration

C. Functional Assessment

D. Opinion as to Need for Guardian

☐ A guardian is necessary.
☐ A limited guardianship would be sufficient.
☐ A less restrictive alternative would suffice: [____________]

E. Ability to Attend Hearing

☐ AIP can attend without harm to health
☐ AIP attendance would be detrimental to health (explain): [____________]

F. Physician's Sworn Statement

I declare under penalty of perjury that the foregoing is true and correct, based on personal examination of the AIP.

Part 6 — Order Appointing Guardian ad Litem (IC § 29-3-2-4)

ORDER APPOINTING GUARDIAN AD LITEM

Pursuant to IC § 29-3-2-4, the Court finds that the appointment of a Guardian ad Litem is appropriate to represent the interests of the AIP in this proceeding.

IT IS ORDERED that [GAL NAME], Attorney No. [______], is APPOINTED as Guardian ad Litem and shall:

☐ Personally interview the AIP within [____] days;
☐ Investigate the allegations of the Petition;
☐ Investigate less restrictive alternatives;
☐ Interview the proposed guardian and other interested persons;
☐ Determine whether the AIP wishes to contest the Petition;
☐ File a written report with the Court no later than [__/__/____];
☐ Appear at the hearing.

Compensation to be paid from: ☐ AIP's estate ☐ Petitioner ☐ County funds ☐ Other [____]

Part 7 — Less Restrictive Alternative Analysis

CERTIFICATION OF CONSIDERATION OF LESS RESTRICTIVE ALTERNATIVES (IC § 29-3-5-1(a)(11))

Indiana law requires that every petition for guardianship include a description of efforts to use less restrictive alternatives BEFORE seeking guardianship.

Conclusion: The least restrictive alternative consistent with the AIP's welfare is:

☐ Plenary guardianship of the person
☐ Plenary guardianship of the estate
☐ Limited guardianship over: [____________]
☐ Protective order under IC § 29-3-4 (no guardianship)

Part 8 — Bond (IC § 29-3-5-5)

GUARDIAN'S BOND

Pursuant to IC § 29-3-5-5, the Guardian of the Estate shall execute and file a bond in the amount of:

$[__________]

calculated based on the value of personal property plus one (1) year's anticipated income from real and personal property.

☐ Bond required as set forth above.
☐ Bond reduced to $[__________] for the following reasons: [____________]
☐ Bond waived by Court order based on: [____________]

Part 9 — Notice of Hearing

NOTICE OF HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN

PLEASE TAKE NOTICE that the Verified Petition for Appointment of Guardian for [AIP NAME] will be heard at:

All interested persons may appear and be heard.

Part 10 — Final Order Appointing Guardian and Letters of Guardianship

ORDER APPOINTING GUARDIAN (IC § 29-3-5-4)

This matter came before the Court on [__/__/____] on the Verified Petition for Appointment of Guardian, the Physician's Report, the Report of the Guardian ad Litem, testimony, and the entire record. The Court FINDS by clear and convincing evidence:

1. ☐ The Court has jurisdiction over this matter and the parties.
2. ☐ Proper notice has been given to the AIP and all interested persons.
3. ☐ The AIP is an incapacitated person within IC § 29-3-1-7.5.
4. ☐ The appointment of a guardian is necessary to provide for the AIP's care, comfort, and maintenance, or to manage the AIP's estate.
5. ☐ Less restrictive alternatives have been considered and are insufficient.
6. ☐ [PROPOSED GUARDIAN] is qualified to serve.

IT IS THEREFORE ORDERED:

A. [NAME] is APPOINTED Guardian of the ☐ Person ☐ Estate ☐ Person and Estate of [AIP NAME].

B. Guardian shall have the following powers (check applicable) under IC § 29-3-7 and as further specified:

☐ Determine residence
☐ Consent to medical treatment
☐ Manage finances and pay expenses
☐ Receive income (SSA, pension, etc.)
☐ Enter contracts for AIP
☐ Apply for benefits
☐ Other: [____________]

C. Limited guardianship powers: [____________]

D. Rights retained by AIP: [____________]

E. Bond is set at $[__________] [☐ or waived for stated reasons].

F. Initial Inventory shall be filed within ninety (90) days under IC § 29-3-9-5.

G. Annual Reports / Accountings shall be filed under IC § 29-3-9-6 each year on or before the anniversary of qualification.

H. Letters of Guardianship shall issue upon qualification.

LETTERS OF GUARDIANSHIP

STATE OF INDIANA, COUNTY OF [_____________]

These Letters are issued to [GUARDIAN NAME], who is authorized to act as Guardian of the ☐ Person ☐ Estate ☐ Person and Estate of [AIP NAME], with the powers set forth in the Order Appointing Guardian entered [__/__/____].

Part 11 — Initial Inventory and Annual Reporting

INITIAL INVENTORY (IC § 29-3-9-5)

Within ninety (90) days of appointment, the Guardian of the Estate must file an Inventory showing:

ANNUAL REPORT / ACCOUNTING (IC § 29-3-9-6)

Indiana requires an annual report (and accounting for guardian of estate) on the anniversary of appointment:

Guardian of the Person — Annual Report shall include:

☐ Current residence and living arrangements
☐ Medical condition and treatment
☐ Social, educational, vocational activities
☐ Recommendation as to continuation, modification, or termination of guardianship
☐ Visits made by Guardian during reporting period

Guardian of the Estate — Annual Accounting shall include:

☐ Itemized statement of receipts
☐ Itemized statement of disbursements
☐ Statement of assets at end of period
☐ Supporting documentation
☐ Bond verification

Sources and References

• Indiana Code Title 29, Article 3 (Probate — Guardianship): https://iga.in.gov/laws/2024/ic/titles/29/
• IC § 29-3-5-1 (Petition contents — including mandatory less restrictive alternatives subsection)
• IC § 29-3-5-3 (Hearing; medical evidence)
• IC § 29-3-2-4 (Guardian ad litem)
• IC § 29-3-9 (Inventory and accounting; periodic reports)
• Indiana Office of Court Services — Adult Guardianship Forms: https://www.in.gov/courts/iocs/
• Local probate court forms (Marion, Lake, Allen, Hamilton, St. Joseph counties have specific local rules)