Guardianship in Indiana
State-specific overview · Estate & Probate
Indiana presumes capacity unless proven otherwise by clear and convincing evidence in a guardianship proceeding.
How Indiana treats Guardianship
Indiana places the burden on the petitioner to prove incapacity by clear and convincing evidence, and the law presumes the person has capacity unless proven otherwise. The court must find that the person cannot manage their person or estate and that guardianship is necessary. Indiana encourages consideration of alternatives such as powers of attorney or limited guardianships. Guardians must file annual reports with the court and may be held liable for breach of fiduciary duty.
The general definition of Guardianship
A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.
Guardianship is a legal relationship created by a court when someone (the ward) cannot make decisions for themselves due to age, disability, or incapacity. The guardian has the power to make medical, educational, and financial decisions for the ward. It's often used for minor children whose parents have died or are unfit, or for adults with severe mental or physical disabilities.
Read the full Guardianship entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Indiana.