Indiana: Adult Guardianship and Conservatorship Petition Requirements
The short answer
Indiana uses one guardianship article for authority over an incapacitated adult's person, property, or both, and treats 'guardian' and 'conservator' as interchangeable. Any person may petition, but the filing must give functional, property, family, care, proposed-guardian, and less-restrictive-alternative facts. The court must find incapacity and that appointment is necessary, although the current appointment statute does not name a burden of proof. The adult receives the petition and hearing notice, ordinarily must attend, may present evidence and cross-examine witnesses, and may demand a jury within strict time limits. Counsel is discretionary, a guardian ad litem is required when the court finds representation inadequate, and no clinician certificate or investigator report is universally required.
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This is the general rule in Indiana. Ezel applies current Indiana law to your specific facts and answers with citations to the statutes.
| Proceeding and state terminology | Indiana Code article 29-3 uses one guardianship proceeding for the adult's person, property, or both; 'guardian' and 'conservator' are interchangeable (§ 29-3-1-6). A separate protective order may address property or a transaction without appointing a guardian (§ 29-3-4-1). |
|---|---|
| Who may file and where | Any person may file (§ 29-3-5-1). For an Indiana resident, venue ordinarily lies in the county of residence; adult jurisdiction follows the interstate-jurisdiction article, with the same county rule once Indiana has jurisdiction (§ 29-3-2-2). |
| What the petition must contain | Name, age, residence/address; nature of incapacity; property and benefits; requested limited powers; existing guardians/protective orders; proposed guardian and relationship; closest relatives; caregiver/custodian; the proposed guardian's other wards; reasons and petitioner interest; detailed efforts to use less restrictive alternatives and why they are insufficient; and the guardian's attorney (§ 29-3-5-1). |
| Proof required for appointment | The court must find that the adult is incapacitated and appointment is necessary to provide care and supervision of the person or property (§ 29-3-5-3). Incapacity means inability to manage property, provide self-care, or both because of a listed condition or other incapacity (§ 29-3-1-7.5). The current appointment section states required findings but does not name a burden of proof. |
| Alternatives the court must address | The petition must describe alternatives considered or implemented, explain any not considered, and explain insufficiency (§ 29-3-5-1). Statutory examples include supported decision-making, technology, representative payee, health-care representative, and power of attorney (§ 29-3-1-7.8). This is an express pleading duty; § 29-3-5-3 separately asks necessity and authorizes limited or protective relief. |
| Notice, service, and hearing timing | The adult, spouse, adult children (or parents if none), serving guardian/caregiver, known durable-power-of-attorney agent, closest relative when needed, and court-directed persons receive the petition and hearing notice by e-filing or first-class mail (§§ 29-3-6-1 to -2). Chapter 6 states no fixed minimum lead time; the court sets the hearing after filing (§ 29-3-5-1). |
| Counsel and hearing rights | The court may appoint counsel if the adult is unrepresented and must appoint a guardian ad litem when it finds the adult unrepresented or inadequately represented (§§ 29-3-5-1, 29-3-2-3). The adult ordinarily must attend, may present and cross-examine evidence, and may demand a jury no later than 72 hours before the original hearing and never more than 30 days after service (§ 29-3-5-1). |
| Medical evidence or court evaluator | No physician certificate, clinical report, visitor, or investigator is universally required by Chapter 5. A separate verified confidential-health-disclosure petition may obtain records or a provider capacity report when authorization is unavailable, and may be combined with the guardianship petition (§ 29-3-4-1.5). The guardian ad litem protects interests but is not a clinical examiner. |
| Limits on the order | If welfare is best served by limits, the court must order a scope that promotes self-improvement, self-reliance, independence, and as normal a life as circumstances permit; it may use a protective order instead (§§ 29-3-5-3, 29-3-4-1). Temporary guardianship is separate, requires emergency/immediate welfare need and no other authorized actor, lasts up to 90 days plus one noticed extension, and transfers only powers necessary to prevent immediate substantial injury or loss (§ 29-3-3-4). |
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Requirements one by one
Proceeding and state terminology
Indiana uses one guardianship article for personal and property authority. Under § 29-3-1-6, “guardian” and “conservator” are interchangeable, and the court may direct responsibility for the person, property, or both. A property-focused protective order under § 29-3-4-1 can authorize a transaction or arrangement without appointing an ongoing guardian.
Who may file and where
Any person may petition under § 29-3-5-1. For an adult who resides in Indiana, § 29-3-2-2 ordinarily places venue in the county of residence. Adult interstate jurisdiction is determined under the separate Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act; this page does not address interstate disputes.
What the petition must contain
Section 29-3-5-1 requires the adult's identity, residence, nature of incapacity, property and benefits, requested limited powers, existing fiduciaries, proposed guardian and relationship, relatives, caregiver or custodian, other wards served by the proposed guardian, the reasons for relief, petitioner interest, and the proposed guardian's lawyer.
The same section requires a specific alternatives account. The petitioner describes alternatives considered or used, explains why an option was not considered or implemented, and explains why alternatives are insufficient.
Proof required for appointment
Under § 29-3-5-3, the court must find that the adult is incapacitated and that appointment is necessary to provide care and supervision of the person or property. Section 29-3-1-7.5 defines incapacity functionally as inability to manage property, provide self-care, or both because of a listed condition or other incapacity. The current appointment statute states the required findings but does not name a burden such as clear and convincing evidence or preponderance.
Alternatives the court must address
Indiana makes alternatives an express petition requirement under § 29-3-5-1. Section 29-3-1-7.8 lists supported decision-making, technology, representative payee, health-care representative, and power of attorney as examples. The appointment section separately asks whether guardianship is necessary and permits limited guardianship, a protective order, another appropriate order, or dismissal.
Notice, service, and hearing timing
Under §§ 29-3-6-1 to -2, notice and the petition go by the Indiana Courts E-filing System or first-class mail to the adult, spouse, adult children or parents, serving guardian or caregiver, known durable-power-of-attorney agent, a closest relative when needed, and anyone else the court directs. Chapter 6 does not state a fixed minimum number of days before the hearing. Section 29-3-5-1 directs the court to set a hearing after filing without an outside statutory deadline.
Counsel and hearing rights
Section 29-3-5-1 makes appointed counsel discretionary when the adult is unrepresented. Section 29-3-2-3 requires a guardian ad litem if the court determines that the adult is unrepresented or inadequately represented and records its reasons.
The adult ordinarily must attend. Absence requires the statutory impossibility, health-and-safety, informed-consent, or knowing-waiver finding. The adult may present evidence and cross-examine witnesses. A jury demand must arrive no later than 72 hours before the original hearing and never later than 30 days after service of the petition.
Medical evidence or court evaluator
Chapter 5 does not require every petitioner to attach a physician certificate or every court to appoint a clinical examiner, visitor, or investigator. Section 29-3-4-1.5 instead creates an optional verified petition for a confidential health disclosure order when existing capacity evidence cannot be obtained through authorization. The court may order records or a provider narrative, and that request may be combined with a limited or full guardianship petition.
The guardian ad litem is a representation safeguard, not a statutory medical evaluator.
Limits on the order
If limits best serve the adult's welfare, § 29-3-5-3 directs the court to promote self-improvement, self-reliance, independence, and as normal a life as the circumstances permit. The court may use a protective order rather than appoint a guardian.
Temporary guardianship is separate under § 29-3-3-4. It requires an emergency, immediate welfare need, and no other authorized actor. The initial term is no more than 90 days, with one noticed extension of no more than 90 days, and the court may transfer only powers necessary to prevent immediate substantial injury or loss.
Statutes and sources
- Ind. Code § 29-3-1-6, § 29-3-1-7.5, and § 29-3-1-7.8 — terminology,
incapacity, and less restrictive alternatives.
https://iga.in.gov/ic/2026/Title_29/Article_3/Chapter_1.pdf (accessed
2026-07-18) - Ind. Code § 29-3-2-2 and § 29-3-2-3 — venue and guardian ad litem.
https://iga.in.gov/ic/2026/Title_29/Article_3/Chapter_2.pdf (accessed
2026-07-18) - Ind. Code § 29-3-5-1 and § 29-3-5-3 — petition contents, alternatives,
counsel, attendance, evidence, jury demand, appointment findings, and limited
orders. https://iga.in.gov/ic/2026/Title_29/Article_3/Chapter_5.pdf (accessed
2026-07-18) - Ind. Code §§ 29-3-6-1 to -2 — notice recipients, delivery, and attached
petition. https://iga.in.gov/ic/2026/Title_29/Article_3/Chapter_6.pdf
(accessed 2026-07-18) - Ind. Code § 29-3-4-1 and § 29-3-4-1.5 — protective orders without a guardian
and optional confidential health disclosure procedure.
https://iga.in.gov/ic/2026/Title_29/Article_3/Chapter_4.pdf (accessed
2026-07-18) - Ind. Code § 29-3-3-4 — separate temporary guardianship threshold, duration,
and limited powers. https://iga.in.gov/ic/2026/Title_29/Article_3/Chapter_3.pdf
(accessed 2026-07-18)
Source links
Every statute quoted above, linked, with the date we checked it.
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