Quick answer
In Indiana, appointment as guardian of the person does not automatically make you guardian of the estate (the ward’s property or finances). The court must separately appoint a guardian of the estate (sometimes called guardian of the property). A single person can be appointed to serve in both roles, but each role is a distinct legal appointment with separate duties and court requirements.
Detailed answer (how this works under Indiana law)
Indiana’s probate/guardianship system treats personal-care authority (guardian of the person) and financial authority (guardian of the estate) as separate. The guardian of the person is responsible for the ward’s daily care, medical decisions (as allowed by the court), living arrangements, and other personal needs. The guardian of the estate manages the ward’s money and property, pays bills, collects income, makes investments as authorized, and files required accounting with the court.
The court makes appointments based on the best interests of the proposed ward and what the court finds necessary to protect the ward’s person and/or property. If the court believes a person needs protection only for personal-care decisions, it may appoint only a guardian of the person. If the person needs financial protection, the court may appoint only a guardian of the estate, or it can appoint one person to serve in both capacities.
Relevant Indiana statutes addressing guardianship and the duties of guardians appear in Title 29 of the Indiana Code (Probate and related laws). For a general statutory overview, see Indiana Code Title 29 (Probate):
https://iga.in.gov/legislative/laws/2023/ic/titles/29. The statutes explain the petition process, statutory duties, bond and accounting requirements, and the court’s authority to limit or split guardianship responsibilities.
Key practical points under Indiana practice
- The petitioner must request whichever appointment(s) are needed: guardian of the person, guardian of the estate, or both. The court will decide based on evidence and the proposed ward’s needs.
- Guardianship of the estate carries additional procedural requirements: inventory of assets, possible bond, periodic accountings, and court approval for certain transactions. The guardian of the person generally does not manage money unless also appointed guardian of the estate.
- Emergency or temporary orders can sometimes be entered if immediate action is needed, but those orders are typically limited in scope and duration and do not automatically create full authority over the estate without the court’s separate appointment.
- Court staff or local probate forms can tell you what filings are required in your county. The Indiana Judicial Branch publishes probate forms and instructions on its website; check the local court clerk for county-specific requirements.
Common scenario — example facts and how the court usually acts
Hypothetical: An adult (A) becomes incapacitated after a stroke. Family member (B) petitions to be guardian.
- If A needs help with daily care, medical choices, and housing but still has a trusted checking account and pays bills independently, the court may appoint B only as guardian of the person.
- If A lacks capacity to manage finances, cannot pay bills, or is at risk of financial abuse, the court may appoint B as guardian of the estate (or appoint a separate person or a public fiduciary) to take control of assets and manage finances. The court may appoint B to both roles if B is suitable and it is in A’s best interest.
How to get appointed guardian of the estate (steps)
- File a petition with the probate court in the county where the proposed ward lives. State whether you seek appointment as guardian of the person, guardian of the estate, or both.
- Provide notice to the proposed ward, family members, and other interested parties as required by statute and local rules.
- Attend the hearing. The court will review evidence about incapacity and need and may appoint an attorney ad litem or appoint an investigator to recommend appropriate protections.
- If the court appoints a guardian of the estate, you will likely be required to file an inventory of assets, obtain a bond (unless waived), and submit periodic accountings to the court for approval.
- Follow the court’s orders about how to manage assets; obtain court permission before making certain transfers or selling property if required by statute or the court order.
What if I’m already guardian of the person and later realize estate control is needed?
You (or another interested person) can petition the court to appoint a guardian of the estate later. The court will evaluate the current circumstances and may add the estate role to your appointment if it finds that appropriate. Expect to comply with the estate-role requirements (inventory, bond, accounting) if the court grants that authority.
Consequences and obligations
- Guardians are fiduciaries. If you are guardian of the estate, you must act loyally and carefully for the ward’s financial benefit.
- Failure to follow court orders, file required accountings, or properly manage the estate can lead to court sanctions, removal, or liability for losses.
- If assets are modest, the court may limit how you handle them (for example, require court approval for major transactions).
Helpful Hints
- Do not assume authority to access bank accounts or sell property until the court has appointed you guardian of the estate or authorized a specific action.
- Bring documentation of the proposed ward’s assets, bills, insurance, and existing powers of attorney to the probate hearing—these facts help the court decide whether an estate guardian is needed.
- Ask the court clerk for local guardianship forms and filing fees. Counties sometimes provide checklists that reduce delays.
- If possible, preserve any existing powers (durable power of attorney, nominee designations) and disclose them to the court; a valid power of attorney may reduce or eliminate the need for a guardianship of the estate.
- Keep careful records and save receipts if you become guardian of the estate. The court will expect thorough accounting of receipts, disbursements, and transfers.
- Consider consulting a licensed Indiana attorney if significant assets, complex investments, taxes, or potential family disputes are involved. (This article is educational only—see disclaimer below.)
Statutory references and local resources
For the statutes governing guardianship matters in Indiana, review Title 29 of the Indiana Code (Probate):
https://iga.in.gov/legislative/laws/2023/ic/titles/29. The probate court in your county can provide local filing rules and forms; the Indiana Judicial Branch website also lists probate resources and forms at https://www.in.gov/courts/self-help/.
Final note and disclaimer
This article explains general principles of Indiana guardianship practice and is intended to educate. It is not legal advice and does not create an attorney-client relationship. Laws and local procedures change. For advice about a specific situation, consider consulting a licensed Indiana attorney or contacting the probate court where the proposed ward lives.