Guardianship and conservatorship in Indiana: who, where, cost
How a court can name a guardian or conservator in Indiana, what it costs and what to try first.
Checked against official sources: October 31, 2026.
Short answer
Guardian of an incapacitated person (full or limited); protective order.
- Filing fee
- Probate costs fee of $120 for each action filed under IC 29 (probate), plus additional statutory fees the clerk collects.
- Court
- The court with probate jurisdiction in the county.
What guardianship or conservatorship is
- What it is called
Guardian of an incapacitated person (full or limited); protective order
- When a court may appoint one
The court appoints a guardian if it finds the person is incapacitated and a guardian is necessary to provide care and supervision of the person or property. If a limited guardianship would best serve the person, the court must tailor orders to encourage self-reliance and independence. The petition must describe the less restrictive alternatives considered or tried and why they are not enough.
Law: IC 29-3-5-1(a)(11), 29-3-5-3
- Kinds
- Full guardianship
- Limited guardianship
- Temporary guardianship (emergency, up to 90 days)
- Protective order
Law: IC 29-3-1-7.5, 29-3-3-4, 29-3-5-1, 29-3-5-3, 29-3-5-5; IC 33-37-4-7
Who can ask, which court and your own choice
- Who may ask
Any person.
Law: IC 29-3-5-1(a)
- Court
The court with probate jurisdiction in the county
- Choosing your own
You can nominate a guardian in a power of attorney; the court must follow your most recent nomination except for good cause or disqualification. A person designated in a durable power of attorney has first priority for appointment.
Law: IC 30-5-3-4(a); IC 29-3-5-5(a)(1)
- Effect on a power of attorney
A guardian has no power, duty or liability over property or personal health care decisions that are subject to a valid power of attorney, and cannot revoke or amend it unless a court specifically orders it after a hearing with notice to the attorney in fact.
Law: IC 30-5-3-4(d)
Cost, fee waiver and forms
- Filing fee
Probate costs fee of $120 for each action filed under IC 29 (probate), plus additional statutory fees the clerk collects.
Law: IC 33-37-4-7
- Steps
Other options and where to report abuse
- Supported decision-making
Supported decision making agreements
Effective 2019 (P.L.68-2019)
An adult can sign an agreement naming one or more supporters (18 or older) who help them make, communicate and carry out their own decisions. Signing one is not evidence of incapacity, and the adult can still act independently. If the adult has a guardian, the agreement cannot supplant the guardian's authority unless the guardian consents in writing.
In writing, dated, and signed by the adult in the presence of a notary (electronic signing as allowed for powers of attorney is permitted). Each supporter signs a separate consent stating the relationship, willingness to serve, and acknowledgment of duties. Revocation must be in writing with a copy to each supporter.
Source: Official text
- Less restrictive options
- Supported decision making: Indiana Legal Help lists supported decision making as an alternative to guardianship.
- Limited guardianship: A guardianship limited to specific areas, designed to encourage self-reliance and independence.
- Power of attorney and advance directive: Documents you sign while you have capacity; a guardian cannot override matters covered by a valid power of attorney.
- Report abuse or exploitation
Indiana Family and Social Services Administration, Adult Protective Services · 800-992-6978
Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov
Law: IC 29-3-14-4, 29-3-14-7, 29-3-14-8
Free help in Indiana
- Indiana Legal Help (Coalition for Court Access)
- Indiana Free Legal Answers
- Indiana Courts Self-Service Legal Center
- Indiana Legal Help: Guardianship FAQs
- Find free legal aid at LawHelp.org
Report abuse or exploitation
Indiana Family and Social Services Administration, Adult Protective Services · 800-992-6978
Questions about powers of attorney in Indiana
How does guardianship or conservatorship work in Indiana?
The court appoints a guardian if it finds the person is incapacitated and a guardian is necessary to provide care and supervision of the person or property. If a limited guardianship would best serve the person, the court must tailor orders to encourage self-reliance and independence.
What does a guardianship or conservatorship cost in Indiana?
Probate costs fee of $120 for each action filed under IC 29 (probate), plus additional statutory fees the clerk collects.
What are the alternatives to guardianship in Indiana?
Supported decision making; Limited guardianship; Power of attorney and advance directive.