Indianapolis Guardianship Lawyers

Last updated on June 30, 2026

A guardian is an adult who takes on the legal responsibility to care for someone else when that person cannot care for themselves. At Hocker Law, LLC, we help families in Indiana protect their loved ones through these legal bonds. Our firm started in 1993, giving us over 30 years of local history. Our Indianapolis guardianship attorneys share nearly 100 years of combined legal experience to help you manage the court system and protect your family’s future.

What Are The Different Types Of Guardianships In Indiana?

Indiana law offers several ways to set up a guardianship based on the specific needs of the person who needs help.

• Minor guardianships: These protect children under 18 when parents cannot provide care or have passed away.
• Incapacitated/adult guardianships: These help adults who cannot make safe decisions due to illness, age or disability.
• Co-guardianships: This setup allows two people to share the duties of a guardian together.
• Limited guardianships: The court only gives the guardian power over specific areas, like health care, while the person keeps other rights.
• Guardians of the person: This role focuses on daily life, such as where the person lives and their medical care.
• Guardians of the estate: This role focuses only on managing the person’s money and property.
• Guardians of the person and estate: This combines both roles, so one person manages both daily life and finances.

We support families with guardianships and a full range of estate planning matters, offering guidance tailored to your needs. Explore answers to common questions by visiting our Estate Planning FAQ page.

Who Can Become A Legal Guardian In Indiana?

To become a legal guardian, you must demonstrate to the County Court that you meet the necessary qualifications and that the guardianship is required. Specifically, Marion Superior Court (Court D08) mandates the following requirements:

• For minors: The court looks for an adult who will act in the child’s best interests. You must provide a history of where the child has lived and details on any other custody cases.
• For adults: You must submit a physician’s report that explains why the adult cannot care for themselves. The adult usually must attend the hearing so the judge can see them.

You must share your background, including your job, education and any past criminal history. You also must agree to the court’s rules, which include filing regular reports on the person’s health and money.

How Can You Get Legal Guardianship Of A Minor In Indiana?

You must follow a specific legal path to be appointed as a guardian for a child.

• Determine consent: Talk to the parents first. If they agree, you will proceed with an uncontested guardianship. If they do not agree, the case is considered contested.
• File papers: You must file a formal petition in the Probate Court in the county where the child lives.
• Investigation: If the case is contested, then a Guardian ad Litem is required to interview the parties to the case and advise the court regarding the best interest of the person.
• Hearing: A hearing is required in all cases, even if they are uncontested. The judge will decide whether guardianship is necessary, and, if so, whether appointing you is in the best interests of the person.

Once appointed, you must file an inventory of the child’s assets within 90 days. If the child receives a money settlement, you may have to put that money in a “restricted account” that you cannot touch without a judge’s permission.

What Is The Role Of An Indianapolis Guardianship Lawyer?

A lawyer makes sure you meet all the strict deadlines and rules set by the court.

• Preparing petitions: We write and file the legal documents needed to start your case.
• Court representation: We act as your representative throughout the hearing, prepare all exhibits in advance to support your case, draft questions and arguments to present during the hearing and assist you with your presentation during the hearing.
• Compliance tracking: We help you file the required reports every two years so you do not get in trouble with the court.

Schedule A Free Consultation With An Indianapolis Guardianship Attorney

Taking care of a child or family member is a big job, and you do not have to do the legal work alone. Call Hocker Law, LLC, at 317-743-9722 or fill out our form to speak with an Indianapolis guardianship lawyer. We offer free consultations to help you understand your options.