Guardianship of a Child or Adult in Indiana
How to become a guardian of a child or an adult in Indiana: who can petition, the court process and alternatives.
Short answer: Any person may petition the probate court to appoint a guardian for a minor; the petition describes the minor, any property, the proposed guardian and the reasons. Ind. Code §§ 29-3-5-1, 29-3-5-3
| Guardianship of a child | Any person may petition the probate court to appoint a guardian for a minor; the petition describes the minor, any property, the proposed guardian and the reasons. The court appoints a guardian if it finds the person is a minor and a guardian is necessary to provide care and supervision of the minor's person or property; if a guardian is not in the minor's best interest, the court may instead enter a protective order, another order, or dismiss. Re-verified 2026-10-27. Source: Ind. Code §§ 29-3-5-1, 29-3-5-3 |
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| Guardianship of an adult | Any person may petition for a guardian for an incapacitated adult. The petition must describe the nature of the incapacity, any limitations requested for a limited guardianship, and the petitioner's efforts to use less restrictive alternatives first, including which alternatives were considered or tried and why. The court appoints a guardian if it finds the person is incapacitated and a guardian is necessary for care and supervision of the person or property; where the person's welfare is best served by a limited guardianship, the court must tailor orders to encourage self-reliance and independence. Re-verified 2026-10-27. Source: Ind. Code §§ 29-3-5-1, 29-3-5-3 |
Where to get help in Indiana
More Indiana divorce & family law
- Getting a Marriage License in Indiana
- Adopting a Child in Indiana
- Establishing Paternity in Indiana
- Changing Your Name in Indiana
- Child Custody Laws in Indiana
- How Child Support Is Calculated in Indiana
- Divorce Records in Indiana
- Alimony and Spousal Support in Indiana
- How to File for Divorce in Indiana
- Legal Separation and Annulment in Indiana
- All Indiana divorce & family law rules
FAQ
How do you get guardianship of a child in Indiana?
Any person may petition the probate court to appoint a guardian for a minor; the petition describes the minor, any property, the proposed guardian and the reasons. The court appoints a guardian if it finds the person is a minor and a guardian is necessary to provide care and supervision of the minor's person or property; if a guardian is not in the minor's best interest, the court may instead enter a protective order, another order, or dismiss.
How do you get guardianship of an adult in Indiana?
Any person may petition for a guardian for an incapacitated adult. The petition must describe the nature of the incapacity, any limitations requested for a limited guardianship, and the petitioner's efforts to use less restrictive alternatives first, including which alternatives were considered or tried and why. The court appoints a guardian if it finds the person is incapacitated and a guardian is necessary for care and supervision of the person or property; where the person's welfare is best served by a limited guardianship, the court must tailor orders to encourage self-reliance and independence.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.