PETITION FOR APPOINTMENT OF GUARDIAN
(Indiana – Probate Court – Guardianship of Person and/or Estate)
[// GUIDANCE: This template is drafted for use in any Indiana Probate Court pursuant to Ind. Code § 29-3 (Guardianships and Protective Proceedings). It is intentionally expansive to cover minor and adult guardianships, temporary or permanent, of the Person, the Estate, or both. Delete or modify bracketed language as appropriate to the facts of your matter.]
TABLE OF CONTENTS
- Document Header
- Recitals
- Definitions
- Operative Allegations & Requests for Relief
- Representations & Warranties of Proposed Guardian
- Covenants & Ongoing Duties of Guardian
- Default, Removal & Remedies
- Risk Allocation (Bond, Indemnification, Insurance)
- Dispute Resolution & Forum Declaration
- General Provisions
- Verification, Signature & Notarial Acknowledgment
- Certificate of Service
1. DOCUMENT HEADER
IN THE [__] PROBATE COURT
[__] COUNTY, INDIANA
IN THE MATTER OF THE GUARDIANSHIP OF:
[WARD FULL LEGAL NAME],
[a Minor] | [an Alleged Incapacitated Person]
Cause No. : [__]
VERIFIED PETITION FOR APPOINTMENT OF [TEMPORARY] [LIMITED] [PLENARY] GUARDIAN OF THE [PERSON] [AND/OR] [ESTATE]
Date: [_____]
2. RECITALS
A. Petitioner [PETITIONER NAME] (“Petitioner”) brings this Petition pursuant to Ind. Code § 29-3-5-1 for appointment of a guardian over the [person] [estate] of [WARD NAME] (“Proposed Ward”).
B. Venue is proper in this Court under Ind. Code § 29-3-2-2 because the Proposed Ward is [domiciled/resides] in [County], Indiana.
C. The Proposed Ward is [age ___ / date of birth ___] and [describe minority or nature of incapacity].
D. Petitioner seeks appointment of [PROPOSED GUARDIAN NAME] (“Proposed Guardian”), who is [relationship] to the Proposed Ward, as [temporary/limited/plenary] guardian.
3. DEFINITIONS
For purposes of this Petition, the following capitalized terms have the meanings set forth below. Terms used but not defined carry the meanings assigned in Ind. Code § 29-3.
- “Accountings” means the verified inventory, annual reports, and final accounting required under Ind. Code §§ 29-3-9-5 & 29-3-9-6.
- “Bond” means the fiduciary surety bond required by Ind. Code § 29-3-7-1 and set by the Court in an amount not less than the value of the Proposed Ward’s personal property plus anticipated annual income unless waived by statute or Court order.
- “Estate” means all assets, income, rights, and property interests of the Proposed Ward that are subject to guardianship administration under Ind. Code § 29-3-8.
- “Letters” means the Letters of Guardianship to be issued by the Clerk upon entry of the Court’s order.
4. OPERATIVE ALLEGATIONS & REQUESTS FOR RELIEF
4.1 Jurisdiction & Venue
a. This Court has subject-matter jurisdiction under Ind. Code § 29-3-2-1.
b. Venue is proper as stated in Recital B.
4.2 Identification of Proposed Ward
a. Full Name: [_]
b. Residence: [_]
c. Basis for Incapacity or Minority: [detail factual basis; cite physician’s report if adult].
4.3 Nature and Extent of Guardianship Sought
a. Type: [Temporary ≤ 90 days / Permanent]
b. Scope: [Person / Estate / Person & Estate]
c. Limitations Requested (if any): [__].
4.4 Property & Income of Proposed Ward
a. Personal Property $[_]
b. Real Property (FMV) $[]
c. Annual Income $[__]
[// GUIDANCE: Attach preliminary asset schedule as Exhibit A if seeking guardianship of the Estate.]
4.5 Proposed Guardian
a. Name & Address: [_]
b. Relationship to Ward: [_]
c. Statement of Qualification: Proposed Guardian is at least 18, of sound mind, not a convicted felon, and not otherwise disqualified under Ind. Code § 29-3-5-7. A completed “Guardianship Information Sheet” and consent to background check are attached as Exhibit B.
4.6 Bond
Petitioner requests a Bond in the amount of $[__] in accordance with Ind. Code § 29-3-7-1, or in the alternative that Bond be waived pursuant to Ind. Code § 29-3-7-5 because [state statutory basis, e.g., restricted account, corporate surety, or minimal assets].
4.7 Notices
A list of all persons entitled to notice under Ind. Code § 29-3-6-1 is attached as Exhibit C. Petitioner will serve statutory notice of the hearing at least ten (10) days prior thereto and file proof of service.
4.8 Relief Requested
Petitioner respectfully requests that the Court:
1. Set this matter for hearing;
2. Appoint [PROPOSED GUARDIAN] as [temporary/limited/plenary] Guardian of the [person][estate];
3. Determine and approve the required Bond;
4. Issue Letters of Guardianship upon filing of Bond and oath;
5. Grant all other just and proper relief.
5. REPRESENTATIONS & WARRANTIES OF PROPOSED GUARDIAN
The Proposed Guardian, upon appointment, will be deemed to have represented and warranted to the Court and all interested persons that:
5.1 Qualification. He/She/It remains qualified under Ind. Code § 29-3-5-7 at all times.
5.2 Fiduciary Standard. He/She/It will exercise the utmost good faith, loyalty, and reasonable care consistent with a fiduciary acting under court supervision.
5.3 Compliance. He/She/It will comply with all Orders of this Court, the Indiana Probate Rules, and Ind. Code § 29-3.
5.4 Reporting. All Accountings will be true, complete, and timely filed.
[// GUIDANCE: Though unusual in a pleading, setting forth affirmative representations provides a record that may aid future enforcement or removal proceedings.]
6. COVENANTS & ONGOING DUTIES OF GUARDIAN
6.1 Inventory. Guardian shall file an initial verified inventory within ninety (90) days after issuance of Letters. Ind. Code § 29-3-9-5.
6.2 Annual Reports. Guardian shall file annual reports within thirty (30) days of the anniversary of appointment, including a current accounting and a physician’s statement for adult wards. Ind. Code § 29-3-9-6.
6.3 Restricted Accounts. All liquid assets exceeding $[__] shall be placed in a federally insured restricted account titled “[WARD NAME], by [GUARDIAN], Guardian,” requiring court order for withdrawal.
6.4 Expenditure Limit. Guardian shall not expend more than $[__] annually from principal without prior court authority.
6.5 Notice of Change. Guardian shall promptly notify the Court and all interested persons of any change of address of the Guardian or Ward, or any material change in the Ward’s condition or estate.
7. DEFAULT, REMOVAL & REMEDIES
7.1 Events of Default. The following constitute default:
a. Failure to file required Accountings;
b. Misapplication or misappropriation of estate assets;
c. Breach of fiduciary duty;
d. Failure to maintain Bond;
e. Any ground under Ind. Code § 29-3-12-4.
7.2 Notice & Cure. Except for emergency circumstances, the Court may issue an order to show cause providing fourteen (14) days to cure any default.
7.3 Remedies. Upon default, the Court may (i) suspend or remove the Guardian, (ii) surcharge the Guardian, (iii) increase Bond, (iv) appoint a successor, and/or (v) refer the matter for criminal prosecution.
8. RISK ALLOCATION
8.1 Bond. See Section 4.6.
8.2 Indemnification. The Guardian shall be personally liable for any loss to the Estate arising from intentional misconduct, gross negligence, or breach of fiduciary duty.
8.3 Insurance. Guardian shall maintain, at Estate expense where appropriate, (i) homeowner’s or renter’s insurance covering Ward’s residence; (ii) motor vehicle insurance on any vehicle operated for Ward; and (iii) liability insurance in an amount not less than $[__].
8.4 Force Majeure. Temporary failure to perform non-monetary duties due to events beyond Guardian’s control (e.g., natural disaster, pandemic) shall not constitute breach provided Guardian reasonably mitigates effects and timely informs the Court.
9. DISPUTE RESOLUTION & FORUM DECLARATION
9.1 Governing Law. All matters are governed by the laws of the State of Indiana, including Ind. Code § 29-3.
9.2 Exclusive Forum. The Indiana Probate Court for [__] County retains exclusive jurisdiction over all proceedings related to this guardianship.
9.3 Arbitration. Not applicable—probate courts exercise exclusive statutory jurisdiction.
9.4 Jury Trial. No right to jury trial exists in guardianship proceedings absent statutory provision.
9.5 Injunctive Relief. The Court may issue protective orders to safeguard the Ward or Estate as authorized by Ind. Code § 29-3-13-1.
10. GENERAL PROVISIONS
10.1 Amendments. Any material modification to Guardian’s authority requires prior Court approval.
10.2 Successor Guardian. Upon death, resignation, or removal of the Guardian, a successor may be appointed under Ind. Code § 29-3-12.
10.3 Severability. If any provision herein is deemed unenforceable, remaining provisions shall continue in full force to the extent permitted.
10.4 Integration. This Petition, together with all exhibits and any future Court orders, constitutes the entire request and proposal for relief.
10.5 Electronic Signatures. This Court accepts electronic signatures under Indiana Trial Rule 86 and applicable e-filing guidelines.
11. VERIFICATION, SIGNATURE & NOTARIAL ACKNOWLEDGMENT
I, [PETITIONER NAME], affirm under penalties of perjury that the foregoing representations are true and correct to the best of my knowledge and belief.
[PETITIONER NAME]
Address: [_]
Phone: [_]
Email: [__]
STATE OF INDIANA )
) SS:
COUNTY OF _ )
Subscribed and sworn to before me this _ day of _, 20__, by [PETITIONER NAME].
Notary Public
My Commission Expires: _
County of Residence: _
12. CERTIFICATE OF SERVICE
I certify that on the ___ day of ____, 20__, a copy of this Petition and all supporting documents were served upon the following persons in the manner indicated below, in compliance with Ind. Code § 29-3-6-1 and Indiana Trial Rule 5:
• [NAME] – U.S. Mail
• [NAME] – Certified Mail, Return Receipt Requested
• [NAME] – Electronic Service via IEFS
[ATTORNEY NAME], #_
Attorney for Petitioner
[LAW FIRM]
Address: [_]
Phone: [_]
Email: [_]
[// GUIDANCE:
- Exhibits. Attach (A) Asset Schedule, (B) Guardian Information Sheet & Consent, (C) Statutory Notice List, (D) Physician’s Report (for adult incapacity), (E) Proposed Order & Letters.
- Background Checks. Many Indiana counties require criminal history and credit checks; confirm local rule compliance.
- Hearing. Coordinate with court clerk to obtain hearing date and complete local notice forms.
- Bond. Verify availability and premiums with surety before filing.
- Accounting Calendar. Docket deadlines for inventory (90 days), first annual report (1 year + 30 days), and subsequent annual reports.
]
© [YEAR] [LAW FIRM / AUTHOR]. This template is provided for professional use by licensed attorneys. Further customization and due-diligence review are required before filing.