Indianapolis Guardianship Attorney

Guardianship of a Minor Child

A minor guardianship transfers decision-making authority to someone other than a parent without terminating parental rights, which is the key distinction from adoption. The petition must identify and notify the child's parents and other interested relatives, and the Marion Superior Court Probate Division holds a hearing before appointing a guardian. Minor guardianship sometimes arises alongside a separate child custody dispute, particularly when more than one relative questions a parent's fitness. Guardianship of a minor typically ends when the child turns 18, though it can end earlier if a parent becomes able to resume custody.

Guardianship of an Incapacitated Adult

Adult guardianship requires a physician's evaluation establishing that the proposed ward cannot manage personal care, finances, or both due to age, illness, or disability. Indianapolis has a concentration of hospital systems and long-term care facilities, and many adult guardianship cases begin when a family member in one of those settings can no longer make medical or financial decisions. Families who already have a power of attorney in place for that relative can sometimes avoid a guardianship petition altogether. The court can grant guardianship over the person, the estate, or both, depending on what the evidence supports.

Emergency and Temporary Guardianship

When a situation cannot wait for a standard hearing schedule, Indiana Code 29-3-3-4 allows the court to grant a temporary guardianship. A temporary order cannot exceed 90 days, though the court can grant one additional 90-day extension while the permanent guardianship petition proceeds. This route is common in cases involving a sudden medical crisis or when a minor's caregiver becomes unavailable without notice.

A Guardian's Ongoing Responsibilities to the Court

Appointment is not the end of the court's involvement. A guardian of the estate must file a financial accounting with the court every two years for as long as the guardianship remains active, and the court can review the arrangement at any time if a concern is raised. Guardians of the person are responsible for the ward's medical care, living arrangements, education for a minor ward, and general welfare, and must be prepared to explain those decisions to the court if asked.

When a Guardianship Ends

A guardianship terminates when a minor ward turns 18, when an adult ward's capacity is restored, or when the ward passes away. In each case, the guardian must file a final accounting and a petition to terminate before the court will close the case. A guardianship can also be modified while it is active, through the same kind of modification process used elsewhere in family law, if circumstances change.

Guardianship FAQ

Does Guardianship of a Minor End a Parent's Legal Rights?

No. Guardianship transfers day-to-day decision-making authority without terminating parental rights, which is what separates it from adoption. A parent can petition the court to resume custody if their circumstances change.

How Long Does a Guardianship Case Take in Marion County?

A standard petition typically takes several weeks to a few months from filing to the court's hearing, depending on notice requirements and whether any party contests the petition. Emergency situations can move faster under a temporary guardianship order.

Can Family Members Contest a Guardianship Petition?

Yes. Anyone with a legitimate interest in the ward's welfare, including other relatives, can raise an objection at the hearing, and the court will weigh that input against the ward's best interests before deciding.

What Happens if a Guardian Is Not Fulfilling Their Responsibilities?

The court can review a guardianship at any time, and any interested party can petition to have a guardian removed or replaced if there is evidence the ward's welfare or finances are not being properly managed.

Guardianship cases move through a specific court process, and small mistakes in a petition or notice can delay a hearing. Call (317) 743-7958 to discuss a minor or adult guardianship matter in Indianapolis or Marion County.