IN risk area
Guardianship risk in Indiana
How courts appoint guardians for minors when no plan is in place.
Indiana guardianship petitions are filed in probate court and the court appoints a qualified guardian with priority for parental or minor nominations.
What happens to minor children immediately after a death?How does the court choose a guardian?How long can the guardianship process take?
At a glance
Key takeaways
- Any person may petition for appointment of a guardian for a minor, and the petition must include identifying information and the requested scope.
- The court appoints the most suitable guardian, giving due regard to parental requests and nominations in a will or other writing.
- A minor age 14 or older may request a specific guardian, which the court considers.
- Older minors may nominate a guardian, subject to court approval.
Questions to consider
Questions this risk area helps you evaluate in Indiana
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Indiana guardianship petitions are filed in probate court and the court appoints a qualified guardian with priority for parental or minor nominations.
- Any person may petition for appointment of a guardian for a minor, and the petition must include identifying information and the requested scope.
- The court appoints the most suitable guardian, giving due regard to parental requests and nominations in a will or other writing.
- A minor age 14 or older may request a specific guardian, which the court considers.
- Older minors may nominate a guardian, subject to court approval.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
Sources
- https://codes.findlaw.com/in/title-29-probate/in-code-sect-29-3-5-1/
- https://codes.findlaw.com/in/title-29-probate/in-code-sect-29-3-5-4/
Risk sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Indiana.