IC 29-3-5
    Chapter 5. Proceedings for Appointment of Guardian or toProcure a Protective Order

IC 29-3-5-1
Petitions for appointment of a guardian or to have a protectiveorder issued; requirements; notice and hearing; conduct of hearing
    Sec. 1. (a) Any person may file a petition for the appointment ofa person to serve as guardian for an incapacitated person or minorunder this chapter or to have a protective order issued underIC 29-3-4. The petition must state the following:
        (1) The name, age, residence, and post office address of thealleged incapacitated person or minor for whom the guardian issought to be appointed or the protective order issued.
        (2) The nature of the incapacity.
        (3) The approximate value and description of the property ofthe incapacitated person or minor, including any compensation,pension, insurance, or allowance to which the incapacitatedperson or minor may be entitled.
        (4) If a limited guardianship is sought, the particular limitationsrequested.
        (5) Whether a protective order has been issued or a guardian hasbeen appointed or is acting for the incapacitated person orminor in any state.
        (6) The residence and post office address of the proposedguardian or person to carry out the protective order and therelationship to the alleged incapacitated person of:
            (A) the proposed guardian; or
            (B) the person proposed to carry out the protective order.
        (7) The names and addresses, as far as known or as canreasonably be ascertained, of the persons most closely relatedby blood or marriage to the person for whom the guardian issought to be appointed or the protective order is issued.
        (8) The name and address of the person or institution having thecare and custody of the person for whom the guardian is soughtto be appointed or the protective order is issued.
        (9) The names and addresses of any other incapacitated personsor minors for whom the proposed guardian or person to carryout the protective order is acting if the proposed guardian orperson is an individual.
        (10) The reasons the appointment of a guardian or issuance ofa protective order is sought and the interest of the petitioner inthe appointment or issuance.
        (11) The name and business address of the attorney who is torepresent the guardian or person to carry out the protectiveorder.
    (b) Notice of a petition under this section for the appointment ofa guardian or the issuance of a protective order and the hearing onthe petition shall be given under IC 29-3-6.
    (c) After the filing of a petition, the court shall set a date for

hearing on the issues raised by the petition. Unless an allegedincapacitated person is already represented by counsel, the court mayappoint an attorney to represent the incapacitated person.
    (d) A person alleged to be an incapacitated person must be presentat the hearing on the issues raised by the petition and any responseto the petition unless the court determines by evidence that:
        (1) it is impossible or impractical for the alleged incapacitatedperson to be present due to the alleged incapacitated person'sdisappearance, absence from the state, or similar circumstance;
        (2) it is not in the alleged incapacitated person's best interest tobe present because of a threat to the health or safety of thealleged incapacitated person as determined by the court;
        (3) the incapacitated person has knowingly and voluntarilyconsented to the appointment of a guardian or the issuance ofa protective order and at the time of such consent theincapacitated person was not incapacitated as a result of amental condition that would prevent that person fromknowingly and voluntarily consenting; or
        (4) the incapacitated person has knowingly and voluntarilywaived notice of the hearing and at the time of such waiver theincapacitated person was not incapacitated as a result of amental condition that would prevent that person from makinga knowing and voluntary waiver of notice.
    (e) A person alleged to be an incapacitated person may presentevidence and cross-examine witnesses at the hearing. The issuesraised by the petition and any response to the petition shall bedetermined by a jury if a jury is requested no later than seventy-two(72) hours prior to the original date and time set for the hearing onthe petition. However, in no event may a request for a jury trial bemade after thirty (30) days have passed following the service ofnotice of a petition.
    (f) Any person may apply for permission to participate in theproceeding, and the court may grant the request with or withouthearing upon determining that the best interest of the allegedincapacitated person or minor will be served by permitting theapplicant's participation. The court may attach appropriate conditionsto the permission to participate.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,SEC.68; P.L.6-2010, SEC.10.

IC 29-3-5-2
Appointment of guardian before adjudication of incapacity orminority
    Sec. 2. A guardian may not be appointed for an incapacitatedperson or a minor under this chapter until the incapacity or minorityhas been adjudicated.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989,SEC.6.

IC 29-3-5-3 Findings; appointment of guardian; limited guardianship;protective orders
    Sec. 3. (a) Except under subsection (c), if it is alleged and thecourt finds that:
        (1) the individual for whom the guardian is sought is anincapacitated person or a minor; and
        (2) the appointment of a guardian is necessary as a means ofproviding care and supervision of the physical person orproperty of the incapacitated person or minor;
the court shall appoint a guardian under this chapter.
    (b) If it is alleged and the court finds that the welfare of anincapacitated person would be best served by limiting the scope ofthe guardianship, the court shall make the appointive or other ordersunder this chapter to:
        (1) encourage development of the incapacitated person'sself-improvement, self-reliance, and independence; and
        (2) contribute to the incapacitated person's living as normal alife as that person's condition and circumstances permit withoutpsychological or physical harm to the incapacitated person.
    (c) If the court finds that it is not in the best interests of theincapacitated person or minor to appoint a guardian, the court may:
        (1) treat the petition as one for a protective order and proceedaccordingly;
        (2) enter any other appropriate order; or
        (3) dismiss the proceedings.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,SEC.69.

IC 29-3-5-4
Considerations for appointment of guardian
    Sec. 4. The court shall appoint as guardian a qualified person orpersons most suitable and willing to serve, having due regard to thefollowing:
        (1) Any request made by a person alleged to be an incapacitatedperson, including designations in a durable power of attorneyunder IC 30-5-3-4(a).
        (2) Any request contained in a will or other written instrument.
        (3) Any request made by a minor who is at least fourteen (14)years of age.
        (4) Any request made by the spouse of the alleged incapacitatedperson.
        (5) The relationship of the proposed guardian to the individualfor whom guardianship is sought.
        (6) Any person acting for the incapacitated person under adurable power of attorney.
        (7) The best interest of the incapacitated person or minor andthe property of the incapacitated person or minor.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989,SEC.7; P.L.149-1991, SEC.3.
IC 29-3-5-5
Consideration for appointment of guardian; order ofconsideration; priorities
    Sec. 5. (a) The following are entitled to consideration forappointment as a guardian under section 4 of this chapter in the orderlisted:
        (1) A person designated in a durable power of attorney.
        (2) The spouse of an incapacitated person.
        (3) An adult child of an incapacitated person.
        (4) A parent of an incapacitated person, or a person nominatedby will of a deceased parent of an incapacitated person or byany writing signed by a parent of an incapacitated person andattested to by at least two (2) witnesses.
        (5) Any person related to an incapacitated person by blood ormarriage with whom the incapacitated person has resided formore than six (6) months before the filing of the petition.
        (6) A person nominated by the incapacitated person who iscaring for or paying for the care of the incapacitated person.
    (b) With respect to persons having equal priority, the court shallselect the person it considers best qualified to serve as guardian. Thecourt, acting in the best interest of the incapacitated person or minor,may pass over a person having priority and appoint a person havinga lower priority or no priority under this section.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,SEC.70.

IC 29-3-5-6
Two or more minors or incapacitated persons; petition forappointment of guardian; separate accounting
    Sec. 6. When a petition is filed for the appointment of a guardianfor two (2) or more minors or incapacitated persons who are childrenof a common parent, parent and child, or husband and wife, aseparate petition need not be filed for each minor or incapacitatedperson, and appointment of a guardian for all may be considered inone (1) proceeding. A separate accounting is required for each minoror incapacitated person, but an actual segregation of assets is notrequired except as required by the court.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,SEC.71.