How to Get Adult Guardianship for Mental Illness in Indiana

To obtain adult guardianship for mental illness in Indiana, you file a petition in the probate court of the county where your relative lives, submit a Physician’s Report documenting the mental illness and its effects, show the court you considered less restrictive alternatives, and prove at a hearing that your relative meets the legal definition of an incapacitated person and that no other arrangement will protect them. Indiana treats guardianship as a last resort, and under Indiana Code 29-3-5-3 a judge can appoint a guardian only after making both findings on the record.¹

When Mental Illness Rises to Legal Incapacity

Indiana Code 29-3-1-7.5 defines an incapacitated person as someone who cannot manage property, provide self-care, or both, because of mental illness, mental deficiency, physical illness, habitual drunkenness, excessive drug use, or other causes.² The judge cares about function, not the name of a diagnosis. A schizophrenia or bipolar diagnosis alone will not meet the standard. The question is whether the illness actually prevents the person from understanding consequences, meeting basic needs, or protecting their finances from serious loss. Someone who makes unusual choices but understands what they are doing does not qualify.

Alternatives You Must Consider First

The petition itself must describe what less restrictive alternatives were tried or considered, and if none were, explain why.³ Judges take this seriously. A petition that skips this analysis invites delay or outright denial.

If your relative still has periods of lucidity and can understand legal documents, a durable power of attorney lets them voluntarily name someone to handle financial decisions, and a healthcare representative appointment covers medical decisions. Both tools require competence at the moment of signing. Once capacity is fully gone, those doors close and guardianship becomes the remaining path.

Indiana Code 29-3-14 also allows a supported decision-making agreement, in which an adult designates one or more supporters to help them understand information and make decisions without surrendering legal authority. The agreement must be in writing, dated, and signed before a notary, with each supporter signing a separate consent.⁴ For federal benefits only, the Social Security Administration can appoint a representative payee to receive and manage Social Security income. That appointment is independent of state court guardianship and reaches only the benefit payments, so if your relative has other assets or needs medical decision-making help, it will not be enough on its own.

Who Can Petition and What the Petition Requires

Indiana lets a wide range of people file. A spouse, adult child, parent, other relative, friend, state agency, healthcare provider, or essentially anyone concerned about the alleged incapacitated adult can bring the petition. You must list the names and addresses of close relatives, including spouses, adult children, and parents, because the court uses that information to send required notices. Get this right the first time; missing a required relative can void the proceeding.

The petition also has to describe your relative’s assets: bank accounts, real estate, government benefits. Pull bank statements and property records and cross-check them, because missing assets create problems later for whoever becomes guardian of the estate.

A Physician’s Report, State Form 54593, must accompany the petition.⁵ A licensed physician must document the nature of the mental illness, your relative’s current cognitive functioning, and the prognosis. This is the court’s primary medical evidence, and vague or incomplete reports slow everything down. Ask the physician to tie observations to specific functional limitations: handling money, taking medication, keeping safe at home.

Where to File, Costs, and Notice

File in the probate court of the county where your relative lives. Indiana courts generally require electronic filing through the state’s authorized e-filing system. As of 2025, the total filing fee for a probate case is $177, which rises to $205 if the sheriff needs to serve papers on other parties.⁶ Attorney fees are separate and are usually the largest expense.

Indiana Code 29-3-6-1 requires that notice of the petition and hearing be served on the alleged incapacitated person and their immediate family. Service goes out through a process server or certified mail. Every named relative must receive notice so they can appear, object, or present their own evidence. Skipping a required notice can force you to start over.

What Happens at the Hearing

Once notice is complete, the court sets a hearing. Unless the requirement is waived, the court will appoint a guardian ad litem to represent your relative’s interests if they do not already have adequate legal counsel.⁷ The guardian ad litem investigates independently, interviews relevant people, and reports findings and recommendations to the judge.⁸ Their recommendation carries weight but does not bind the court.

At the hearing you present the Physician’s Report and any additional evidence. Family members, social workers, treating clinicians, and other witnesses may testify. The judge must find two things before appointing anyone: that your relative meets Indiana’s legal definition of an incapacitated person, and that appointing a guardian is actually necessary as a means of providing care.¹ If the court finds guardianship is not in your relative’s best interest, it can dismiss the petition, enter a protective order instead, or fashion another remedy.

Scope: Limited or Full, Person or Estate

Indiana law strongly favors limiting the scope of guardianship whenever possible. Under Indiana Code 29-3-5-3(b), if the court finds a limited guardianship would best serve your relative’s welfare, the order must be tailored to encourage self-improvement, self-reliance, and independence.¹

The order will also specify whether the guardian serves over the person, the estate, or both. A guardian of the person handles housing, medical consent, mental health treatment, and general welfare. A guardian of the estate manages financial matters: paying bills, handling investments, filing tax returns, and preserving assets.⁹ Someone with severe mental illness who can cook, dress, and handle a daily routine but cannot manage complex finances might get a guardian of the estate only, keeping control over where they live and what medical treatment they accept. Major transactions like selling real estate typically require advance court approval.

After the Appointment

Unless the court finds a bond unnecessary, every guardian must post a surety bond before taking office. Indiana Code 29-3-7-1 sets the minimum amount by taking the total value of the guardianship property, adding one year of estimated income, and subtracting the value of any property the guardian cannot sell or encumber without a court order.¹⁰ Banks and trust companies acting as guardians are exempt.

Court oversight continues after appointment. Guardians must file verified accounts as directed by the judge, describing your relative’s current living situation, physical and mental condition, whether the guardianship is still necessary, and whether any less restrictive alternatives have become workable.¹¹ The reporting schedule varies by case. When the guardianship ends for any reason, a final verified account is due within 30 days.

Guardianship does not strip every right. Unless the court’s order explicitly removes specific rights, an adult under guardianship keeps the right to vote, the right to challenge or seek to end the guardianship, the right to ask the court for a different guardian, and the right to visit with friends and family.¹² Your relative can go directly to the probate court without the guardian’s permission.

If You Need Something Faster: Temporary Guardianship

Indiana Code 29-3-3-4 lets courts appoint a temporary guardian when a crisis demands immediate action, such as when someone with severe mental illness faces imminent harm and no guardian is in place. Temporary guardianship bridges the gap while a full petition is pending. The court defines the temporary guardian’s specific powers and the duration, and a hearing happens before or shortly after the appointment. The procedure moves faster than a standard case, but you still need medical evidence showing your relative cannot protect themselves from serious harm.

Changing or Ending the Guardianship

A guardianship is not necessarily permanent. The guardian can petition to expand or narrow the authority as your relative’s condition changes. Your relative can also petition on their own behalf to end the guardianship if they believe they have regained capacity. The arrangement ends automatically on death. In every termination scenario, the guardian files a final accounting within 30 days.¹¹

Mental illness is not static. Treatment advances, medication adjustments work, and people recover functional abilities they previously lost. The periodic reporting requirement exists in part to catch those improvements, and a guardianship opened during a crisis does not have to stay in place forever.

1
Indiana General Assembly. Indiana Code 29-3-5-3 – Findings; Appointment of Guardian
2
Indiana General Assembly. Indiana Code 29-3-1-7.5 – Incapacitated Person
3
Indiana General Assembly. Indiana Code Title 29 Probate 29-3-5-1
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Indiana General Assembly. Indiana Code 29-3-14-7 – Supported Decision Making Agreements
5
Indiana Judicial Branch. Indiana Code – Guardianship Forms
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Indiana State Board of Accounts. 2025 Court Costs and Fees by Case Type
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Indiana General Assembly. Indiana Code 29-3-2-3 – Guardian Ad Litem; Appointment
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Indiana Supreme Court. Indiana Guide to Working with a Guardian ad Litem
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Indiana General Assembly. Indiana Code 29-3-8-4 – Exercise of Powers to Perform Responsibilities
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Indiana General Assembly. Indiana Code 29-3-7-1 – Guardians Bond; Amount
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Indiana General Assembly. Indiana Code Title 29 Probate 29-3-9-6
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Indiana Governor’s Council for People with Disabilities. Adult Guardianship in Indiana – The Basics