Who can petition the court for a guardianship?

In the state of Indiana, individuals that are 18 years of age and older can petition the court for guardianship. A guardian is a person or entity appointed by the court who is responsible for the care and well-being of a child or incapacitated adult who can no longer care for themselves. The petitioner for guardianship must provide evidence to the court that they are a suitable guardian. This generally includes proving that the petitioner is of sound mind, has the financial resources to act as a guardian, and has the best interests of the ward in mind. Another individual seeking guardianship is a parent of the ward. If a parent is unable to care for their child, they may petition the court for guardianship. However, the court will likely take into account the parent’s past performance, both emotionally and financially, before awarding guardianship. In extreme cases, a state agency, such as Child Protective Services, may be the petitioner for guardianship. If a family is deemed unfit to act as guardians, the court may allow the state to act as the guardian instead. Other individuals can also petition the court for guardianship of a ward. These individuals can include close friends or family of the ward, physicians, lawyers, and foster parents. Each potential petitioner must present evidence to the court proving that they would be a suitable guardian.

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Who can petition the court for a guardianship?

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