Disclaimer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When an adult relative can no longer care for personal or financial needs due to incapacity, you may seek either a guardianship (for personal and health decisions) or a conservatorship (for financial and property management) through Indiana’s Probate Court. Below are the core steps under Indiana law (Title 29 of the Indiana Code).
1. Understand the Difference
- Guardianship: Empowers a guardian to make health care, living arrangement, and personal decisions. See Indiana Code § 29-3-1-2 (IC 29-3-1-2).
- Conservatorship: Authorizes a conservator to manage income, investments, and bills. See Indiana Code § 29-4-1-2 (IC 29-4-1-2).
2. Prepare and File a Petition
File a petition in the Probate Division of the Circuit or Superior Court in the county where the proposed ward resides. Your petition must:
- Name the proposed ward or protected person.
- State the reasons for incapacity and the relief sought (guardianship or conservatorship).
- Include a medical evaluation or physician’s report. See Indiana Code § 29-3-1-7 (IC 29-3-1-7) and § 29-4-1-7 (IC 29-4-1-7).
- Propose a suitable guardian or conservator and any bond amount if required.
3. Provide Notice and Appoint Counsel
After filing, the court will:
- Notify the proposed ward or protected person and close relatives. See Indiana Code § 29-3-1-9 (IC 29-3-1-9).
- Appoint an independent attorney for the proposed ward or protected person.
- Possibly appoint a guardian ad litem or court evaluator to investigate incapacity and report back.
4. Attend the Court Hearing
At the hearing, the court reviews evidence of incapacity, medical testimony, and the suitability of the proposed guardian or conservator. If the court finds clear and convincing proof of incapacity, it issues:
- Letters of Guardianship for personal decisions.
- Letters of Conservatorship for financial management.
5. Fulfill Post-Appointment Duties
- Bond and Inventory: Conservators typically must post bond and file an inventory of assets. See Indiana Code § 29-4-5-1 (IC 29-4-5-1).
- Regular Reporting: Guardians and conservators file annual reports on the ward’s personal status and financial accounts. See Indiana Code § 29-3-1-13 (IC 29-3-1-13).
- Seek Court Approval: For major decisions—such as selling property or relocating a ward—guardians and conservators must obtain court authorization.
Helpful Hints
- Start early: Guardianship and conservatorship proceedings can take months.
- Keep detailed records: Track all medical reports, court filings, and financial transactions.
- Communicate: Inform family members to reduce objections and streamline the process.
- Consider alternatives: Powers of attorney or health care directives may avoid full guardianship.
- Use court resources: Many counties offer self-help guides on the local clerk’s website.