A guardianship can be granted over another adult if the court finds that the adult is “incapacitated,” and the appointment of a guardian is necessary as a means of providing care and supervision of the physical person or property of the incapacitated person.  The protected person is called a “ward.”

 

Unless limited by the court, a guardian is responsible for providing or supervising the protected person’s care and ensuring their property, finances, and assets are properly preserved and managed. Guardians are also generally required to regularly submit reports to the court about the ward.

Yes, there are other options, and the least restrictive alternative should be used.  Possibilities include: 

  • Informal supports
  • Supported Decision-Making Agreements
  •  Authorizations to share information
  •  Team-based or shared decision-making
  •  Power of Attorney (POA)
  •  Healthcare Representative
  •  Educational Surrogate
  •  Living wills and advance directives
  •  Protective order

A guardianship over an incapacitated adult typically remains in place for the life of the protected person. However, Indiana law requires the termination of such a guardianship when the 

protected person dies, or is determined by the court to no longer be incapacitated. 

If you don’t think you need a guardian, you will need to file a motion in the court that granted the guardianship asking that court to terminate the guardianship because it is no longer necessary. You will usually need a doctor’s statement that says you do not need a guardian.

Apply Online (24 Hours)

Non-criminal, civil legal issues including public benefits such as food stamps, SSI/SSDI terminations, unemployment, land sale contracts, etc.

By Phone:
M - F 10am to 2pm (EST)
Indiana Legal Services Online Application

The application should take about 20 minutes to complete. You will need to answer questions about your income, assets, and household size. Submitting an application does NOT mean that we will accept your case. You should hear from us within about 14 days with a decision on whether we will be able to take your case.

Indiana Legal Services, Inc. (ILS) is a nonprofit law firm and the largest provider of free civil legal assistance to eligible low-income people in Indiana. ILS helps clients who are faced with legal problems that harm their ability to obtain basic needs such as food, shelter, income, medical care or personal safety. ILS also handles cases in other areas including family law where there is domestic violence, housing, consumer law, access to health care, and access to government benefits. ILS does not handle any criminal matters.