Are you thinking about setting up a guardianship in Indiana? You probably have a lot of questions. Understanding how our state’s laws work when it comes to guardianship can help the process feel less overwhelming. Whether you are looking to become the guardian of a child, an aging parent, or an adult with disabilities, Christopher Arrington can help you through the process. In this article, we’ll discuss Indiana’s guardianship laws in 2025. 

What is guardianship?

When someone can’t make decisions on their own behalf, the court will appoint someone to do it for them. The guardian makes decisions on behalf of another person (the ward) who is unable to make decisions on their own. This could happen because of a disability, their age, or other circumstances. The guardian is responsible for making personal decisions, such as deciding where someone lives or making choices concerning their healthcare.

The system we have in place is designed to protect vulnerable people while ensuring that their needs are met. Since guardianship involves one person taking legal responsibility for another person, the courts take these matters quite seriously. 

What are the different types of guardianship in Indiana?

Not everyone who needs a guardian requires an identical level of help. Some folks need full support with their daily care and finances. Others just need assistance in specific areas. For that reason, Indiana offers different types of guardianship for different circumstances. Knowing your options can help you choose the right option for your loved one. These include:

• Guardianship of a minor – When a child’s parents are unable to care for them, the court can appoint a guardian to make decisions on their behalf. This could be because they died, they’re incapacitated, or they’re going through a contentious divorce. 
• Guardianship of an adult – Some adults cannot manage their day-to-day affairs because of a physical or mental condition. In that case, a guardian can manage both their healthcare and their finances. 
• Temporary guardianship – Temporary guardianship is a short-term arrangement that is often used in emergencies when a person suddenly needs someone else to act on their behalf. It only lasts up to 90 days. 
• Limited guardianship – If a ward can handle some of their necessities of daily living, but not all of their responsibilities, the court may appoint a guardian with specific (but limited) powers as opposed to giving the guardian full control over the ward. 

Everyone is in a different situation, so determining which type of guardianship works for you is an important part of the process. 

Guardianship involves the transfer of an individual’s decision-making power to someone other than themselves. Indiana courts will carefully consider all petitions for guardianship before they grant it. The court will consider:

• The ward’s physical and mental condition
• The petitioner’s capacity to act on the ward’s behalf
• The wishes of the ward (if they can express them)
• Whether there are less restrictive alternatives
• The impact on the ward’s well-being

Talk to a Danville, IN, Guardianship Attorney Today

The Indiana guardianship attorney, Chris Arrington, represents the interests of those who need to become the guardian of another person. Call our office today to schedule an appointment and learn more about how we can help.