Guidelines on Guardianship in Indiana
- Indiana guidelines provide a certain line of priority in terms of guardianship appointments. First in line to be guardian is anyone that an incapacitated person has designated through power of attorney. Next in line are the spouse and adult child, in that order, of the incapacitated person. The parent of the incapacitated person could also serve as guardian. Further, anyone who is related, either by blood or marriage, to the person requiring a guardian, could be appointed as guardian, provided the person has lived with the relative for more than six months before the guardianship petition is filed.
- Persons who have been convicted of certain crimes are not qualified to serve as guardians under Indiana law. For example, convicted sexual predators can not be appointed guardians. Those who have been found guilty of certain felonies, such as the use of deadly force, and those found guilty of a crime based on the laws of another jurisdiction, such as a military court, also cannot qualify as guardians in Indiana.
- A guardian should take care of a minor ward’s property irrespective of its location. In order to provide adequate care, the guardian should become sufficiently acquainted with the ward's needs and the state of the ward’s health, both mental and physical. If the ward is an incapacitated person, the guardian should care for the person and his property.
- In order to fulfill all responsibilities, a guardian has certain powers under Indiana law. The guardian has the power to take custody of any property on behalf of a ward. In case of a minor ward, the guardian can also take custody of the minor and set up a home for him within the state. If the minor needs medical attention, or wants to get married, the guardian has to consent. The guardian of an incapacitated person also has the powers necessary to perform his duties, such as estate and financial responsibilities.