Fishers Guardianship Attorney — Protecting Children and Incapacitated Adults | Free Consultation
Whether you need to establish guardianship over a minor child or an incapacitated adult in Fishers, our experienced Hamilton County guardianship attorneys guide you through every step of the process. We serve families throughout Fishers, Carmel, Noblesville, Westfield, Zionsville, and all of central Indiana from our Fishers office on Lantern Road.
45+
Years Combined Experience
1,000+
Families Served in Central Indiana
20+
Years in Hamilton County Courts
Free
Initial Consultations
Quick Answer: How Do I Get Guardianship in Fishers, Indiana?
To establish guardianship in Fishers, you must file a petition with the Hamilton County Circuit or Superior Court in Noblesville under Indiana Code 29-3. The court will require notice to all interested parties, may appoint a guardian ad litem to investigate, and will hold a hearing to determine whether guardianship is in the best interests of the child or incapacitated adult. The process typically takes 30 to 90 days for uncontested cases, though contested or emergency guardianships follow different timelines. An experienced Fishers guardianship attorney can help you navigate the filing requirements, prepare your petition, and represent you at the hearing. Call Emerson Divorce and Accident Injury Attorneys at (317) 969-8000 for a free consultation.
Why Fishers Families Choose Emerson Divorce and Accident Injury Attorneys for Guardianship
Office Right Here in Fishers — Our Fishers office at 11650 Lantern Road, Suite 261, means you have an attorney who knows Hamilton County courts and is minutes away when you need guidance.
Direct Attorney Access — When you call Emerson Divorce and Accident Injury Attorneys, you speak directly with JR or Jill, not a paralegal, not a call center. Your guardianship case gets personal attention from experienced attorneys.
20+ Years in Hamilton County Courts — We understand local court procedures, filing requirements, and how Hamilton County judges approach guardianship matters.
Transparent Hourly Billing — We believe in honest pricing. You will receive detailed billing statements so you always know exactly what you are paying for. No hidden fees, no surprises.
Both Minor and Adult Guardianship — Whether you need guardianship of a grandchild, a special needs adult child, or an aging parent, we handle every type of guardianship proceeding in Indiana.
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Meet Your Fishers Guardianship Attorneys
Guardianship is one of the most important legal actions a family can take. When a child cannot safely remain with their parents, or when an aging parent or disabled adult can no longer manage their own affairs, establishing guardianship through the court provides the legal authority needed to make critical decisions about care, education, medical treatment, and finances.
At Emerson Divorce and Accident Injury Attorneys, JR Emerson and Jill Bracken-Emerson bring more than 45 years of combined legal experience to guardianship cases in Fishers and throughout Hamilton County. As a husband-and-wife attorney team, we understand the family dynamics that often surround guardianship matters. We know these cases involve deeply personal situations — a grandparent stepping in for a struggling parent, a sibling caring for a brother or sister with special needs, or an adult child taking responsibility for an aging parent with dementia.
Our Fishers office at 11650 Lantern Road, Suite 261, puts us right in the heart of the community we serve. We file guardianship petitions in the Hamilton County courts in Noblesville regularly and understand the local procedures, filing requirements, and judicial expectations that can make or break your case. When you hire Emerson Divorce and Accident Injury Attorneys, you work directly with JR or Jill from your first consultation through final resolution.
Where Fishers Guardianship Cases Are Filed
Fishers is located entirely within Hamilton County, Indiana, spanning Fall Creek and Delaware townships. All guardianship petitions for Fishers residents are filed at the Hamilton County Courthouse complex in Noblesville.
Under Indiana law (IC 29-3-2-2), guardianship venue is determined by the residence of the alleged incapacitated person or minor. Since Fishers falls within Hamilton County, your guardianship case will be filed in the Hamilton County Circuit Court or one of the Hamilton County Superior Courts. Guardianship and probate matters follow the Hamilton County Probate Rules, which include specific requirements for bond filing, fiduciary qualifications, and biennial reporting that your attorney must understand.
The Hamilton County Courthouse is located at 1 Hamilton County Square, Noblesville, IN 46060. From Fishers, the courthouse is approximately a 15-minute drive north on State Road 37 (Interstate 69). The court clerk's office provides guardianship-specific forms and filing instructions, and all proposed guardians who are Indiana residents must appear before the court to qualify.
A Message from Your Fishers Guardianship Attorneys
Before you scroll further, take a moment to hear directly from JR and Jill about how we approach guardianship cases and what you can expect when you work with our firm.
No pressure, no obligation — just two attorneys who care about doing this the right way.
Why Fishers Families Choose Emerson Divorce and Accident Injury Attorneys for Guardianship
A Fishers Office That Knows Fishers Families
Our office at 11650 Lantern Road is located in the community we serve. We understand the school districts, neighborhoods, and family dynamics that shape guardianship cases in Fishers. We are not a distant firm sending someone to Hamilton County for the first time.
You Talk to Your Attorney, Not a Paralegal
Guardianship cases are deeply personal. When you call our office, you speak directly with JR or Jill. We do not hand off your case to junior associates or paralegals. You get the benefit of experienced attorneys who know your name and your story.
Transparent Billing
We provide detailed monthly statements so you always understand your investment. No hidden fees. We discuss costs upfront during your free consultation so there are never surprises on your bill.
Both Minor and Adult Guardianship Experience
From grandparents seeking custody of grandchildren to families protecting aging parents with dementia, we handle every type of guardianship case. Our family law and litigation experience gives us a strategic advantage in both uncontested and contested proceedings.
Why Fishers Guardianship Cases Are Unique
Fishers is one of Indiana's fastest-growing cities, with a population exceeding 103,000 residents. This rapid growth creates unique circumstances for guardianship matters that require an attorney who understands the local landscape.
High-Income Families and Complex Estates
With a median household income of approximately $128,000, Fishers families often have significant assets that complicate guardianship proceedings. When a guardianship involves an incapacitated adult with substantial retirement accounts, real estate holdings, or business interests, the estate component of the guardianship requires careful management and biennial reporting to the Hamilton County court. Similarly, when grandparents seek guardianship of grandchildren whose parents are unable to provide care, financial issues surrounding child support obligations, trust assets, and health insurance benefits must be addressed properly.
Hamilton Southeastern Schools and Custody Stability
Fishers is served primarily by the Hamilton Southeastern Schools (HSE) district, which operates twelve elementary schools, four intermediate schools, four junior high schools, and two high schools — Hamilton Southeastern High School and Fishers High School. Keeping a child enrolled in their current school is often a primary concern in guardianship cases. Courts weigh the disruption to a child's educational stability heavily when determining whether to grant guardianship and to whom. When a guardianship petition involves transferring a child from one household to another within the HSE district, or potentially outside it, the school enrollment question becomes a critical factor that an experienced local attorney can address effectively.
Corporate Relocations and Out-of-State Families
Fishers attracts a significant number of corporate relocations, with major employers like Salesforce, First Internet Bank, and other companies along the I-69 corridor drawing families from across the country. When parents relocate to Fishers from out of state and later face a guardianship situation — whether due to substance abuse, mental health crises, or incapacity — the proceedings may involve interstate jurisdiction questions under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (IC 29-3.5). Similarly, when a Fishers family needs guardianship over a relative in another state, or when an out-of-state relative seeks guardianship of a Fishers child, these interstate issues require an attorney who understands both Indiana guardianship law and federal jurisdiction frameworks.
Aging Population and Elder Care Facilities
Although Fishers has a relatively young median age of 37.2 years, the community's aging population continues to grow. Facilities like Harbour Manor, BickfordSenior Living of Fishers, and St. Vincent Fishers Hospital provide care to Fishers seniors, and guardianship proceedings are often triggered when an elderly family member at one of these facilities is no longer able to manage their personal or financial affairs. Our proximity to these facilities and familiarity with local healthcare providers allows us to coordinate effectively during the guardianship process.
Youth Activities and Parenting Considerations
Fishers families are deeply invested in youth activities, from sports leagues at the Fishers YMCA and Billericay Park to programs at Conner Prairie and the Fishers Parks Department facilities. Guardianship of a minor often involves questions about maintaining the child's extracurricular activities, religious participation at local churches and faith communities, and social connections. Courts consider these factors as part of the best-interests analysis, and an attorney who understands the Fishers community can present a compelling case for why your proposed guardianship arrangement serves the child's needs.
[ Image: Downtown Fishers Nickel Plate District — add at /images/fishers-nickel-plate-district.jpg ]
Types of Guardianship We Handle in Fishers
Minor Child Guardianship
When a child's parents are unable to provide adequate care due to substance abuse, incarceration, mental health issues, military deployment, or other circumstances, a relative or responsible adult can petition for guardianship. The court evaluates the best interests of the child, including stability in their current school and community. This is the most common type of guardianship we handle in Fishers, often involving grandparents stepping in for their grandchildren.
Incapacitated Adult Guardianship
When an adult can no longer make sound decisions about their health, safety, or finances due to dementia, traumatic brain injury, severe mental illness, or developmental disability, the court may appoint a guardian. Indiana law requires medical evidence of incapacity before a guardianship can be established. We help families navigate this sensitive process with compassion and thoroughness.
Temporary and Emergency Guardianship
Under IC 29-3-3-4, Indiana allows temporary guardianship for up to 90 days when immediate protection is needed, with one possible 90-day extension. Emergency guardianships may be granted within 48 hours in urgent situations such as immediate risk to a child's safety. We have experience obtaining emergency protective orders in Hamilton County when time is critical.
Limited Guardianship
Indiana law allows the court to grant guardianship over specific areas of a person's life rather than a full guardianship. A limited guardianship might grant authority only over medical decisions, financial management, or residential placement while preserving the protected person's autonomy in other areas. This is often the preferred approach for adults with developmental disabilities who can manage some aspects of their lives independently.
Guardianship of the Estate
When the primary concern is managing a person's finances and property rather than personal care decisions, the court can appoint a guardian of the estate only. This commonly arises when a minor inherits money, receives a personal injury settlement, or when an adult's financial affairs are being mismanaged or exploited. The guardian must file detailed biennial accountings with the Hamilton County court.
Standby Guardianship
Under IC 29-3-3-7, a parent or guardian can designate a standby guardian who assumes authority automatically upon the parent's death or incapacity, without requiring a separate court petition at that time. The standby guardian must file a formal petition within 90 days. This is an important planning tool for single parents, parents with terminal illnesses, and military families in Fishers.
The Fishers Guardianship Process: Step by Step
Free Initial Consultation
We listen to your situation, review the circumstances that make guardianship necessary, and explain your legal options. We discuss whether full or limited guardianship is appropriate, whether the case is likely to be contested, and what the process will involve. There is no cost and no obligation.
Filing the Guardianship Petition
We prepare and file a detailed petition with the Hamilton County court, identifying the proposed protected person, the reasons guardianship is necessary, the type of guardianship sought, and a description of the person's property and assets. The petition must comply with IC 29-3-5-1's specific requirements.
Notice to All Interested Parties
Indiana law requires that all living parents, the proposed protected person, and other interested parties receive formal notice of the guardianship petition and hearing date. If a party cannot be located, we handle publication notice under the Indiana Rules of Trial Procedure.
Investigation and Evaluation
For adult guardianships, the court may require a physician's report confirming incapacity. For minor guardianships, the court may appoint a guardian ad litem to investigate the circumstances and report on the child's best interests. We prepare you for these evaluations and coordinate with the investigators.
Court Hearing
The Hamilton County judge holds a hearing to evaluate the evidence and determine whether guardianship is appropriate. In uncontested cases, this hearing may be brief. In contested cases, we present testimony, evidence, and legal arguments to support your petition. We prepare you thoroughly for what to expect.
Qualification and Bond
If the court grants guardianship, you must appear before the court to qualify as guardian. This includes taking an oath, filing a bond (if required), and receiving your Letters of Guardianship. Hamilton County probate rules require that all Indiana-resident guardians appear in person for qualification.
Ongoing Responsibilities and Reporting
Guardians must file biennial reports with the court detailing the protected person's condition, living arrangements, and financial status. For guardianships of the estate, detailed accountings of all income and expenditures are required. We help guardians understand and fulfill these ongoing obligations.
Modification or Termination When Circumstances Change
Guardianships of minors terminate automatically at age 18. Adult guardianships terminate when the court determines the person is no longer incapacitated, or upon death. Parents who have regained their ability to care for their child can petition to terminate the guardianship, but must prove current fitness by a preponderance of the evidence. We represent both guardians and parents in modification and termination proceedings.
Guardian Rights and Responsibilities Under Indiana Law
Once the Hamilton County court appoints you as guardian, you take on significant legal responsibilities. Understanding what guardianship does and does not allow you to do is essential for fulfilling your duties and avoiding legal complications.
A guardian of the person has authority over the protected person's daily care, including medical decisions, living arrangements, educational enrollment, and personal welfare. For a minor child, this means the guardian effectively steps into the role of a parent — making decisions about schooling within the Hamilton Southeastern Schools district, authorizing medical treatment, and providing for the child's basic needs.
A guardian of the estate manages the protected person's finances, including receiving income, paying bills, managing investments, and making financial decisions. Indiana law (IC 29-3-8-4) grants broad powers to estate guardians, but also imposes strict fiduciary duties. Every expenditure must be documented, and the Hamilton County court requires detailed accountings. Guardians who mismanage funds face removal and potential personal liability.
It is important to understand that guardianship does not sever the parental relationship. Unlike adoption, a guardianship preserves the legal relationship between a child and their parents. The parents may still have visitation rights, may still be required to pay child support, and may petition the court to regain custody if their circumstances improve. Similarly, for adult guardianships, the protected person retains certain rights and the guardianship should be no more restrictive than necessary.
Under Hamilton County Probate Rule 714.70, guardians must obtain court approval before taking action on any non-routine financial matter. This includes selling property, making large purchases, or entering contracts on behalf of the protected person. Failure to obtain prior court approval can result in the guardian being personally liable for any losses.
Facing a Difficult Guardianship Decision in Fishers?
You do not have to navigate this alone. Schedule your free consultation today.
When Is Guardianship Necessary in Indiana?
Guardianship is not the only option for caring for a loved one, and Indiana courts prefer less restrictive alternatives when possible. Understanding when guardianship is truly necessary versus when another legal arrangement may suffice can save time, money, and unnecessary court involvement.
Guardianship of a minor child is typically necessary when both parents are unable to care for the child due to substance abuse, incarceration, abandonment, serious mental illness, or death, and no custody order or other legal arrangement provides for the child's care. Importantly, Indiana law does not permit a court to appoint a guardian for a child if there is an existing divorce case or paternity case involving the child. In those situations, a non-parent must instead seek appointment as a "third party custodian" within the existing case.
Guardianship of an incapacitated adult is necessary when the person can no longer make informed decisions about their health, safety, or property, and no power of attorney, healthcare representative appointment, or other advance planning document is in place. This commonly arises with elderly parents experiencing dementia or Alzheimer's disease, adults who have suffered traumatic brain injuries, or individuals with severe developmental or intellectual disabilities.
Alternatives to guardianship that may be appropriate in some situations include power of attorney documents (which must be executed while the person still has capacity), healthcare representative appointments, representative payee arrangements for Social Security benefits, joint bank accounts, and supported decision-making agreements under IC 29-3-14. We evaluate all options during your consultation and recommend guardianship only when it is truly necessary.
Indiana Guardianship Law: Key Statutes
IC 29-3-1 — Definitions and General Provisions
Defines key terms including "incapacitated person," "protected person," "guardian," and "minor." An incapacitated person is an individual who is unable to manage their property or to provide self-care due to physical or mental illness, disability, or the use of drugs.
IC 29-3-5-1 — Petition Requirements
Sets forth what the guardianship petition must contain, including the name, age, and residence of the proposed protected person, the approximate value of their property, whether a limited guardianship is sought, and whether any CHINS case is pending regarding the minor.
IC 29-3-3-4 — Temporary Guardianship
Allows temporary guardianship for up to 90 days when immediate action is needed, with one possible 90-day extension. This is often used when a child needs immediate placement with a relative while the full guardianship petition is pending.
IC 29-3-8 — Powers and Responsibilities of Guardian
Outlines the broad powers granted to guardians, including authority over care, custody, finances, and property management. Also requires guardians to file biennial reports and accountings, and to obtain court approval for non-routine financial transactions.
IC 29-3-12-1 — Termination of Guardianship
A guardianship of a minor terminates when the child turns 18. An adult guardianship terminates when the court determines the person is no longer incapacitated. A parent seeking to terminate a guardianship must prove current fitness by a preponderance of the evidence.
IC 29-3.5 — Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
Governs jurisdiction in guardianship cases that cross state lines. This is particularly relevant in Fishers, where corporate relocations and families with out-of-state connections frequently create multi-state guardianship issues. Addresses transfers of guardianship between states.
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Your family, your future, your rights. Let us help you find the path forward.
Guardianship Preparation Checklist
For Minor Child Guardianship
✓ Birth certificate of the child
✓ Contact information for both parents (even if absent)
✓ Documentation of why parents cannot provide care (police reports, medical records, DCS records)
✓ Information about the child's school enrollment and medical providers
✓ Description of the child's current living situation
✓ Your financial ability to care for the child
✓ Letters of consent from parents (if available for uncontested cases)
✓ Any existing court orders involving the child (custody, CHINS, protective orders)
For Adult Guardianship
✓ Physician's report documenting incapacity
✓ Financial records (bank statements, investment accounts, property deeds)
✓ List of the person's income sources (Social Security, pension, retirement)
✓ Current living arrangement details
✓ Contact information for family members who must receive notice
✓ Any existing power of attorney or healthcare directive
✓ Insurance information (health, life, property)
✓ Description of the person's daily care needs
Hamilton County Court Guide for Fishers Guardianship Cases
Hamilton County Courthouse
Address: 1 Hamilton County Square, Noblesville, IN 46060
Phone: (317) 776-9629
Guardianship Matters: Hamilton County Circuit Court and Superior Courts (cause numbers assigned to Superior Court No. 1 and Superior Court No. 3)
Guardianship Forms: Available at hamiltoncounty.in.gov
From Fishers: Drive north on I-69 to Exit 210 (State Road 32). Turn left (west) on SR 32 into downtown Noblesville. The courthouse complex is at the public square, approximately 15 minutes from central Fishers.
Important Hamilton County Rule: Under local probate rules, all proposed guardians who are Indiana residents must appear before the court in person to qualify. No guardian may proceed without legal counsel without prior court approval (Rule 704.10). Bond is required in every guardianship unless specifically waived by the court.
How Long Does Guardianship Take in Hamilton County?
1–3 Days
Emergency
Emergency or temporary guardianship when a child or adult faces immediate danger. Court can act within 48 hours in urgent situations.
30–60 Days
Uncontested
When all parties agree to the guardianship and cooperate with notice requirements and court scheduling.
3–6 Months
Contested
When a parent opposes the guardianship or multiple parties seek appointment. Requires evidentiary hearings and potentially a GAL investigation.
6+ Months
Complex/Interstate
Cases involving interstate jurisdiction disputes, multiple contested claims, or complex estate issues that require extended litigation.
Results for Hamilton County Families
Hamilton County Emergency Custody
Mother discovered father was using drugs around the children. Jill obtained an emergency custody order within 48 hours, protecting the children and securing sole custody for the mother.
Grandparent Visitation Rights
Grandparents were denied all contact with grandchildren after their child's death. Jill established grandparent visitation rights under Indiana law, preserving the family relationship.
Paternity and Custody Establishment
Unmarried father sought legal custody of his child. JR established paternity and obtained joint legal custody with a favorable parenting time schedule.
Interstate Custody Jurisdiction Dispute
Mother relocated to another state with children without consent. Jill invoked the UCCJEA to return jurisdiction to Indiana and secure the father's custody rights.
Past results do not guarantee future outcomes. Every case is unique and results depend on specific facts and circumstances.
What Our Clients Say
★★★★★
"JR and all of his associates are an amazing firm who will always fight for your best interests. They have been extremely helpful with assisting me through a very difficult part of my life. I can't recommend them highly enough!"
Alexander Jones — Jan 30, 2024
★★★★★
"This firm is amazing. Jill and Katie worked so closely with me. They helped me understand every part of the legal process they were helping me through. They were compassionate. They knew the case I brought to them was tough and they both worked so hard. They communicated with me regularly and were very quick to respond to any questions I had. Thank you for all your hard work."
Shannon Poole — Feb 8, 2024
Related Family Law Services in Fishers
Frequently Asked Questions About Guardianship in Fishers, Indiana
How do I get guardianship of a child in Indiana?
To get guardianship of a child in Indiana, you must file a petition with the court in the county where the child resides under IC 29-3-5-1. The petition must explain why guardianship is necessary, and all living parents must receive notice of the proceeding. The court will hold a hearing to determine whether guardianship is in the child's best interests. Working with an experienced Fishers family law attorney ensures your petition meets all legal requirements.
How much does it cost to file for guardianship in Hamilton County?
Court filing fees in Hamilton County for a guardianship petition are typically between $150 and $250, depending on the type of guardianship. Additional costs may include bond premiums, guardian ad litem fees, physician evaluation fees, and attorney's fees. Emerson Divorce and Accident Injury Attorneys provides a transparent fee estimate during your free initial consultation so you know what to expect before you commit.
Can a parent stop a guardianship in Indiana?
Yes. A parent can contest a guardianship petition by appearing at the hearing and arguing that they are fit and able to care for the child. If a guardianship has already been granted, a parent can petition to terminate it, but under IC 29-3-8-9, the parent must comply with any court-ordered conditions and prove current parental fitness by a preponderance of the evidence.
What is the difference between guardianship and custody in Indiana?
Custody is determined in divorce or paternity cases and involves disputes between parents. Guardianship is a separate proceeding under IC 29-3 that typically involves a non-parent seeking legal authority over a child or incapacitated adult. Importantly, Indiana law does not allow a guardianship to be established if there is an existing divorce or paternity case involving the child. In that situation, a non-parent must seek appointment as a third party custodian.
How long does a guardianship last in Indiana?
A guardianship of a minor automatically terminates when the child turns 18. An adult guardianship continues until the court determines the person is no longer incapacitated or until the protected person's death. Temporary guardianships under IC 29-3-3-4 are limited to 90 days with one 90-day extension. Any guardianship can be modified or terminated by court order if circumstances change.
Can a grandparent get guardianship of a grandchild in Fishers?
Yes. Grandparents are among the most common petitioners for guardianship of minor children in Hamilton County. A grandparent must demonstrate that the child's parents are unable to provide adequate care and that guardianship is in the child's best interests. If both parents consent, the process is straightforward. If a parent objects, the grandparent must present evidence supporting the guardianship at a contested hearing.
Do I need a lawyer for guardianship in Indiana?
While Indiana does not legally require an attorney for a guardianship petition, Hamilton County Probate Rule 704.10 states that no guardian may proceed without counsel without court approval. Given the complexity of guardianship filings, notice requirements, and reporting obligations, an experienced attorney significantly increases the likelihood of a successful outcome and helps you avoid costly procedural errors.
What rights does a guardian have over a child in Indiana?
A guardian of a minor child has essentially the same rights and responsibilities as a parent under IC 29-3-8. This includes decisions about the child's education, medical care, religious upbringing, and daily welfare. The guardian may also request child support from the child's biological parents. However, unlike adoption, guardianship does not sever the legal parent-child relationship.
What is a limited guardianship in Indiana?
A limited guardianship grants the guardian authority over only specific areas of the protected person's life, rather than full control. For example, a limited guardianship might cover only medical decisions or financial management while allowing the person to make their own choices in other areas. This is often used for adults with developmental disabilities who can manage some aspects of their lives independently. The Letters of Guardianship must specify the limitations.
Can I get emergency guardianship in Hamilton County?
Yes. When a child or incapacitated adult faces immediate danger, the Hamilton County court can grant temporary or emergency guardianship on an expedited basis, sometimes within 48 hours. You must demonstrate that immediate action is necessary to prevent harm. Emergency guardianships are temporary and must be followed by a full guardianship petition. Emerson Divorce and Accident Injury Attorneys has experience obtaining emergency protective orders quickly in Hamilton County courts.
Where do I file for guardianship if I live in Fishers, Indiana?
Fishers residents file guardianship petitions at the Hamilton County Courthouse complex in Noblesville, located at 1 Hamilton County Square, Noblesville, IN 46060. Guardianship matters are assigned to Hamilton County Superior Court No. 1 and Superior Court No. 3. The courthouse is approximately 15 minutes north of Fishers via I-69.
How do I get guardianship of an elderly parent in Indiana?
To obtain guardianship of an elderly parent, you must file a petition demonstrating that your parent is an incapacitated person as defined by Indiana law — unable to manage their property or provide self-care. A physician's report is required. The court will appoint an attorney to represent your parent and may require a hearing. If possible, having a power of attorney executed while your parent still has capacity is a less costly and less restrictive alternative to guardianship.
What is a standby guardian in Indiana?
Under IC 29-3-3-7, a parent can execute a written declaration designating a standby guardian who automatically assumes guardianship responsibilities upon the parent's death or incapacity. The standby guardian must file a formal guardianship petition within 90 days after the declaration takes effect. This is an important planning tool for single parents, parents with terminal illnesses, and Fishers military families.
Can a guardian enroll a child in school in Fishers?
Yes. Once you have Letters of Guardianship, you have the legal authority to enroll the child in the Hamilton Southeastern Schools district or any other appropriate school. In fact, one of the most common reasons families seek guardianship in Fishers is specifically to enable school enrollment when a child is living with a non-parent caregiver. The school district will require your Letters of Guardianship as documentation.
What disqualifies someone from being a guardian in Indiana?
Indiana law prevents the court from appointing a non-parent as guardian if the person has been convicted of certain felonies, including murder, voluntary manslaughter, kidnapping, criminal confinement, rape, or child exploitation offenses, among others. The court will also evaluate the proposed guardian's fitness, financial stability, and ability to provide adequate care. A criminal background check and home inspection may be required.
How much does a guardianship lawyer cost in Fishers?
Attorney fees for guardianship cases in Fishers vary based on complexity. Uncontested guardianships where all parties agree typically cost significantly less than contested cases requiring litigation. At Emerson Divorce and Accident Injury Attorneys, we charge honest hourly rates and provide detailed billing so you always understand your investment. We discuss expected costs during your free initial consultation. Call (317) 969-8000 to learn more.
Fishers Neighborhoods We Serve
Berkley Grove
Britton Falls
Brooks Landing
Brookston Place
Calumet Farms
Conner Prairie
Geist
Harrison Park
Lantern Crossing
Mercer Crossing
Nickel Plate District
Olio Crossing
Sand Creek
Sunblest
Sussex
The Enclave
Thorpe Creek
Windermere
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