What is the procedure for being appointed as guardian?
A guardian is appointed to that role by a Court, and generally a court in the County where the “protected person” resides. The person seeking to be appointed as guardian initiates the process by filing a petition, setting forth the bases for the appointment of a guardian. Indiana law generally requires that the Court appoint a “guardian ad litem” – a person who is to act on behalf of the alleged incapacitated person in the course of the proceedings. Notice of the guardianship proceedings must be given to certain individuals, including the person who is the subject of the proceedings. The Court will then set a hearing to hear evidence and determine (i) whether the subject of the guardianship is incapacitated, (ii) whether the appointment of a guardian is necessary, and (iii) whether the proposed guardian is qualified and should be appointed as guardian. The time line for the process may vary among counties, but can generally be completed within sixty (60) days in most cases. If an emerg
