Guardianship Petition - Preparation Worksheet - Indiana

PREPARATION WORKSHEET — NOT A UNIVERSAL INDIANA COURT FORM

Use this worksheet to collect facts for counsel and the county clerk. The Indiana Office of Court Services directs filers to contact the county clerk about the forms used for a guardianship filing. Confirm the current county packet, filing method, cause type, local rule, fee, hearing practice, and required exhibits before submission. Do not file this worksheet as though it were the clerk's current petition.

INDIANA GUARDIANSHIP PETITION PREPARATION WORKSHEET

TABLE OF CONTENTS

1. Case Route and Court
2. Petition Facts
3. Proposed Guardian and Scope
4. Notice Plan
5. Hearing and Findings
6. Post-Appointment Handoff
7. Filing Assembly Checklist

1. CASE ROUTE AND COURT

1.1 Subject and Requested Route

• Subject's full legal name: [NAME]
• Date of birth / age: [DATE / AGE]

• Current physical residence: [ADDRESS]

• ☐ Alleged incapacitated adult

• ☐ Minor
• ☐ Guardian of the person
• ☐ Guardian of the estate
• ☐ Guardian of person and estate
• ☐ Limited guardianship requested
• ☐ Protective order considered instead of guardianship
• ☐ Temporary or emergency relief may be needed — route through the current temporary-guardian statute and local packet; do not rely on this worksheet for an emergency filing

1.2 Jurisdiction and Venue Screen

• ☐ Subject resides in Indiana; proposed county is the county of actual residence under IC 29-3-2-2.
• ☐ Subject does not reside in Indiana; identify Indiana property and analyze the nonresident venue rule.
• ☐ Adult has connections with another state or country; complete the IC 29-3.5 jurisdiction analysis before filing.
• ☐ A juvenile, custody, CHINS, or other proceeding may affect jurisdiction; identify court, cause number, and status: [DETAILS].
• ☐ County clerk confirmed the court, cause type, current petition packet, and filing method on [DATE].

2. PETITION FACTS — IC 29-3-5-1

Use the county's current petition to plead each required item. Attach a continuation page if the form lacks space.

2.1 Petitioner

• Name: [NAME]
• Residence and mailing address: [ADDRESS]
• Relationship to subject: [RELATIONSHIP]
• Interest in requesting guardianship or a protective order: [FACTS]

2.2 Subject

• Name, age, residence, and mailing address: [DETAILS]
• If adult, nature and functional effect of alleged incapacity: [FACTS AND SUPPORTING EVIDENCE]
• If minor, basis of minority and current custody/care arrangement: [FACTS]

2.3 Property, Income, and Benefits

2.4 Existing Proceedings and Fiduciaries

• ☐ Guardian, protective order, conservator, power of attorney, or similar arrangement exists or is pending in Indiana or another state: [DETAILS].
• ☐ Proposed guardian already serves another incapacitated person or minor: [NAMES / CASES].
• ☐ Person or institution currently having care and custody: [NAME / ADDRESS].
• ☐ For a minor, a CHINS petition or informal-adjustment program exists or existed: [COURT / STATUS].

2.5 Relatives and Other Required Persons

List the persons most closely related by blood or marriage whose names and addresses are known or reasonably ascertainable, plus every person identified by the county form.

2.6 Need and Less Restrictive Alternatives

• Requested care, supervision, property protection, or decision support: [FACTS]
• Why court action is necessary: [FACTS]

For an alleged incapacitated person, describe each less restrictive alternative considered or implemented, why any alternative was not used, and why the alternatives are insufficient:

3. PROPOSED GUARDIAN AND REQUESTED SCOPE

• Proposed guardian's name, residence, mailing address, and relationship to subject: [DETAILS]
• Attorney who will represent the proposed guardian; business address: [DETAILS]
• Requests or nominations by the subject, parent, spouse, power of attorney, will, or other instrument: [DETAILS]
• Potential conflicts, competing petitions, or reasons another nominee should not serve: [DETAILS]

3.1 Powers Requested

• ☐ Person only
• ☐ Estate only
• ☐ Person and estate
• ☐ Limited guardianship with the following powers only: [LIST]

• ☐ Protective order requested instead of or in addition to guardianship: [SPECIFY]

• Rights, property, decisions, and activities the subject should retain: [DETAILS]

• Why each requested power is necessary and tailored: [DETAILS]
• Bond, restricted-account, education, background-check, registry, or other qualification item required by statute, order, or local packet: [DETAILS / SOURCE]

4. NOTICE PLAN — IC 29-3-6

Do not use a generic certificate-of-service list. Attach the petition to a notice that substantially follows IC 29-3-6-2, use the authorized delivery method, and apply the correct recipient branch.

4.1 Minor Branch

• ☐ Minor age fourteen or older, unless the minor signed the petition
• ☐ Each living parent whose parental rights have not been terminated
• ☐ Person alleged to have had principal care and custody during the sixty days before filing
• ☐ Other person directed by the Court

4.2 Alleged Incapacitated Person Branch

• ☐ Alleged incapacitated person
• ☐ Spouse
• ☐ Adult children; if none, parents
• ☐ Guardian or person having care and custody
• ☐ If no one other than the subject is notified through the spouse/child/parent branch, at least one person most closely related by blood or marriage
• ☐ Known attorney-in-fact under a durable power of attorney
• ☐ Other person directed by the Court

4.3 Notice Record

5. HEARING AND REQUESTED FINDINGS

5.1 Attendance, Counsel, and Jury Screen

• ☐ Hearing date, time, place, and judicial officer confirmed.
• ☐ Alleged incapacitated person will attend.
• ☐ A statutory basis for absence may apply; counsel will present supporting evidence and request a ruling.
• ☐ Counsel for the alleged incapacitated person identified, or possible court appointment flagged.
• ☐ Jury request decision made. Under IC 29-3-5-1(e), the request must be made no later than seventy-two hours before the original hearing date and time and never more than thirty days after service of notice.
• ☐ Witnesses, admissible exhibits, accommodations, interpreter, remote-appearance request, and proposed order requirements confirmed with counsel and the Court.

5.2 Findings Requested

The proposed petition and order should ask the Court to decide, based on the evidence:

1. Whether the subject is a minor or incapacitated person.
2. Whether appointment is necessary to provide care and supervision of the person or property.
3. Whether a limited guardianship, protective order, other appropriate order, or dismissal better serves the subject.
4. Which qualified and willing person is most suitable to serve.
5. Which powers are granted, which are withheld, and which rights and activities remain with the subject.
6. What bond, restrictions, reporting schedule, education, registry, review date, and other conditions the Court orders.

6. POST-APPOINTMENT HANDOFF

Complete this section only after reading the signed order and letters. The order—not this worksheet—defines the guardian's authority.

• ☐ Qualification, oath, bond, education, background-check, registry, restricted-account, and letters requirements completed as ordered.
• ☐ Every granted and withheld power calendared and communicated to relevant providers or institutions.
• ☐ Complete inventory and oath or affirmation calendared: generally ninety days after appointment for a nontemporary guardian and thirty days for a temporary guardian under IC 29-3-9-5.
• ☐ Written verified accounts calendared: unless otherwise directed, at least biennially within thirty days after the appointment anniversary and within thirty days after termination for a nontemporary guardian; a temporary guardian follows IC 29-3-9-6(b) and the order.
• ☐ Records system created for property, receipts, disbursements, decisions, services, contacts, and supporting documents.
• ☐ Review hearing, report, renewal, and local deadlines calendared from the signed order.
• ☐ If circumstances prevent compliance or the order needs revision, counsel will request instructions or an amendatory or supplementary order under IC 29-3-9-8 instead of relying on a private cure period or force-majeure clause.

7. FILING ASSEMBLY CHECKLIST

• ☐ Current county petition form or counsel-drafted pleading
• ☐ Caption and cause type confirmed
• ☐ All IC 29-3-5-1 petition facts completed
• ☐ Jurisdiction and venue support attached or stated
• ☐ Less restrictive alternatives addressed for an alleged incapacitated person
• ☐ Proposed guardian and counsel information complete
• ☐ Required medical, functional, financial, criminal-history, registry, consent, nomination, or local exhibits identified and current
• ☐ Notice substantially follows IC 29-3-6-2 and has the petition attached
• ☐ Every IC 29-3-6-1 recipient analyzed; waivers and proof retained
• ☐ Proposed order tracks the precise scope requested and preserves retained rights
• ☐ Signature, affirmation, verification, notarization, and e-filing format checked against the current form and local rule rather than assumed
• ☐ Filing copy, service copies, confidential-information handling, and hearing notebook prepared

• Prepared by: [NAME / ROLE]
• Reviewed by Indiana counsel: [NAME]
• County clerk / court form check completed: [DATE / CONTACT / URL]
• Current-law check completed: [DATE]

This worksheet is informational and does not replace legal advice, the Court's order, or the current county filing packet.