Indianapolis Guardianship Attorney — Protecting Families Through Legal Guardianship | Free Consultation
Whether you need to establish guardianship of a minor child, an incapacitated adult, or protect a loved one through emergency guardianship in Marion County, Emerson Divorce and Accident Injury Attorneys provides compassionate legal guidance every step of the way. Serving Indianapolis families from our Carmel office, just minutes north of downtown.
45+
Years Combined Experience
1,000+
Families Served in Central Indiana
20+
Years in Hamilton County Courts
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Quick Answer: How Do I Get Guardianship in Indianapolis?
To establish guardianship in Indianapolis, you must file a petition with the Marion Superior Court Probate Division (Court D08) at the City-County Building, 200 East Washington Street. The court will hold a hearing to determine whether guardianship is in the best interests of the minor or incapacitated adult. Indiana law under IC 29-3 governs all guardianship proceedings, including guardianship of the person, guardianship of the estate, or both. An experienced Indianapolis guardianship attorney can guide you through the filing requirements, required notices to all interested parties, and court hearings to help you secure guardianship as efficiently as possible.
Why Indianapolis Families Choose Emerson Divorce and Accident Injury Attorneys for Guardianship:
Experienced Family Law Attorneys — JR Emerson and Jill Bracken-Emerson bring over 45 years of combined legal experience, including extensive work in guardianship proceedings for both minors and incapacitated adults throughout central Indiana.
Direct Attorney Communication — When you call our office, you speak directly with JR or Jill — not a call center, not a paralegal. We handle every guardianship case personally from consultation through final hearing.
Marion County Court Knowledge — We understand the specific procedures, local rules, and filing requirements of the Marion Superior Court Probate Division, including the forms and reporting obligations unique to Marion County guardianship cases.
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.
Compassionate Advocacy — Guardianship is deeply personal. Whether you are a grandparent stepping in for grandchildren or a family member protecting an aging parent, we approach every case with the empathy and care it deserves.
On This Page:
Meet Your Indianapolis Guardianship Attorneys
When a family member can no longer care for themselves — or when a child needs the protection and stability that only a legal guardian can provide — the stakes could not be higher. At Emerson Divorce and Accident Injury Attorneys, we understand the emotional weight of guardianship proceedings, and we are here to guide Indianapolis families through every step of this process with compassion, clarity, and legal skill.
JR Emerson and Jill Bracken-Emerson are a husband-and-wife attorney team with over 45 years of combined legal experience. JR brings a unique perspective as a former judge, giving him insight into how courts evaluate guardianship petitions and what factors weigh most heavily. Jill brings extensive trial experience and a reputation for fierce advocacy on behalf of families in crisis.
We serve Indianapolis and all of Marion County from our primary office at 1 S Rangeline Road in Carmel — just a short drive north on Meridian Street from downtown Indianapolis. We also maintain offices in Fishers and Zionsville, making us accessible to families throughout the greater Indianapolis metropolitan area.
Whether you are a grandparent seeking guardianship of grandchildren whose parents are unable to provide care, a sibling stepping in for an aging parent with dementia, or a family friend trying to protect a child in an emergency, we handle the full spectrum of guardianship cases in Marion County and surrounding courts.
Where Indianapolis Guardianship Cases Are Filed
Guardianship petitions for Indianapolis residents are filed with the Marion Superior Court, Probate Division (Court D08), located in the City-County Building in downtown Indianapolis. This court handles all guardianship administration, estate matters, adoptions, and mental health proceedings for Marion County.
Court D08 is presided over by Judge David Certo, with Magistrate Sarah Glasser also assigned to the courtroom. The Probate Division maintains specific local rules and required forms for guardianship proceedings that differ from other Indiana counties, including Marion County Probate Form 401.1-B (Application for Appointment of Guardian) and Form 412.0 (Instructions to Guardian of the Person).
Under Indiana law (IC 29-3-2-2), venue for guardianship proceedings is in the county where the alleged incapacitated person or minor resides. For Indianapolis residents, that means all guardianship filings go through the Marion County court system at the City-County Building.
From our Carmel office, the Marion County City-County Building is approximately 25 minutes south via US-31 / Meridian Street. We regularly appear in Marion County courts and are familiar with the local procedures, judge preferences, and filing requirements specific to this jurisdiction.
A Message from Your Indianapolis 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 Choose Emerson Divorce and Accident Injury Attorneys for Your Indianapolis Guardianship Case
Former Judge on Your Team
JR Emerson's experience as a former judge gives our firm unique insight into how courts evaluate guardianship petitions, what evidence carries weight, and how to present the strongest possible case for your family.
Direct Attorney Access
You will never be passed off to a paralegal or an intake coordinator. JR and Jill handle your guardianship case personally, ensuring continuity and attention to the details that matter most.
Transparent Billing
We provide detailed monthly statements so you always understand your investment. No hidden fees. We discuss expected costs upfront so there are never surprises during your guardianship proceedings.
Compassionate Family Advocacy
Guardianship cases involve vulnerable people — children without stable parents, aging adults losing capacity, families in crisis. We approach every case with empathy and a genuine commitment to protecting those who cannot protect themselves.
Why Indianapolis Guardianship Cases Are Different
Indianapolis is Indiana's largest city, and the sheer diversity and scale of the Marion County community creates guardianship scenarios that differ significantly from those in smaller, suburban jurisdictions. Understanding the local landscape — from school districts to healthcare facilities to the unique demographics of Indianapolis neighborhoods — is essential for building an effective guardianship case.
School Districts and Educational Stability
Marion County is served by multiple school districts, including Indianapolis Public Schools (IPS), the largest district in Indiana serving over 30,000 students across 80 square miles, along with township districts like Washington Township / North Central, Lawrence Township, Pike Township, Warren Township, Perry Township, Decatur Township, Franklin Township, and Wayne Township. There are also the excluded cities of Beech Grove, Speedway, and Lawrence with their own school systems. When seeking guardianship of a minor child, the court closely considers educational stability — keeping the child in their current school district is often a central factor in determining what arrangement serves the child's best interests.
Demographics and Diverse Family Structures
Marion County has a population of nearly one million residents with a median household income of approximately $66,582. Indianapolis has one of the most diverse populations in Indiana, with a wide range of family structures, cultural backgrounds, and socioeconomic circumstances. This diversity means guardianship cases in Indianapolis often involve complex family dynamics, including multi-generational households, kinship care arrangements, blended families, and families affected by the opioid crisis, incarceration, or mental health challenges. An attorney who understands these realities — and can present them effectively to a Marion County judge — is invaluable.
Healthcare and Elder Care Facilities
Indianapolis is home to some of Indiana's largest healthcare systems, including IU Health, Community Health Network, Franciscan Health, Ascension St. Vincent, and Eskenazi Health. The city also has a significant concentration of nursing homes, assisted living facilities, and memory care centers. Adult guardianship cases frequently arise when an elderly loved one in one of these facilities can no longer make medical or financial decisions. Having an attorney who understands the intersection of guardianship law and healthcare decision-making is critical for Indianapolis families navigating these situations.
The Marion County DCS and Guardianship Intersection
The Marion County Department of Child Services (DCS) is one of the busiest in Indiana. Many guardianship cases involving minor children arise from or run parallel to DCS investigations. Indiana law requires that the DCS be notified when guardianship is sought for a child who has been the subject of a CHINS (Child in Need of Services) petition. Understanding how guardianship proceedings interact with DCS involvement — and how to navigate both systems simultaneously — is essential knowledge that an experienced Indianapolis guardianship attorney brings to your case.
Community Resources and Family Services
Indianapolis offers a robust network of family services relevant to guardianship proceedings. Organizations like Kids' Voice of Indiana, which provides guardian ad litem and court-appointed special advocate services in Marion County, play a critical role in contested guardianship cases. The Indianapolis Bar Association's pro bono programs also provide resources. Additionally, Indianapolis has supervised visitation centers, family counseling providers, and community mental health centers throughout the city that courts may reference when structuring guardianship arrangements.
Major Employers and Relocation Pressures
Indianapolis is home to major employers including Eli Lilly, Anthem (Elevance Health), Salesforce, Rolls-Royce, and Simon Property Group, along with a large military presence near the former Fort Benjamin Harrison area. Corporate relocations, military deployments, and economic instability can all trigger guardianship needs — whether a parent must relocate for work and needs a temporary guardian for their child, or a military deployment creates the need for a standby guardianship arrangement under IC 29-3-3-7.
Types of Guardianship We Handle in Indianapolis
Guardianship of a Minor Child
When a child's parents are unable or unwilling to provide care due to illness, incarceration, substance abuse, or other circumstances, a court-appointed guardian steps in to provide stability and make decisions about the child's education, healthcare, and daily needs. This is the most common type of guardianship we handle in Indianapolis.
Adult Guardianship (Incapacitated Person)
When an adult can no longer manage their own affairs due to mental illness, dementia, traumatic brain injury, or other incapacity, a guardian can be appointed to make personal care and healthcare decisions. The court must find the person legally incapacitated under IC 29-3-1-7.5.
Guardianship of the Estate
A property guardian manages the financial affairs, assets, and income of a minor or incapacitated adult. The guardian must file bi-annual accounting reports with the court and manage assets in the protected person's best interest. This can be combined with guardianship of the person or established separately.
Emergency / Temporary Guardianship
When immediate action is needed to protect a child or incapacitated adult from harm, the court can appoint a temporary guardian on an expedited basis. Emergency guardianships provide short-term protection while a more permanent arrangement is established through standard proceedings.
Limited Guardianship
Indiana law allows courts to create guardianships that are limited in scope, granting the guardian authority only over specific areas of the protected person's life. This is the least restrictive form of guardianship and should be utilized whenever the protected person retains some capacity for self-care or decision-making.
Standby Guardianship
Under IC 29-3-3-7, a parent or current guardian can designate a standby guardian who takes over upon the parent's death or incapacity. The designation becomes effective immediately but terminates after 90 days unless the standby guardian files a formal guardianship petition with the court.
The Indianapolis Guardianship Process: Step by Step
Free Initial Consultation
We listen to your situation, explain whether guardianship is the right legal path for your family, and discuss alternatives such as power of attorney or supported decision-making if appropriate. There is no cost and no obligation.
Filing the Guardianship Petition
We prepare and file the petition with the Marion Superior Court Probate Division, including all required information about the proposed ward, the proposed guardian's qualifications, and the reasons guardianship is necessary under IC 29-3-5-1.
Notice to All Interested Parties
Indiana law requires that all living parents (for minor guardianships) and other interested parties receive notice of the petition. If a party cannot be located, notice must be published in a newspaper under Indiana Rules of Trial Procedure Rule 4.13.
Investigation and Evaluation
For adult guardianships, the court may appoint an attorney to represent the alleged incapacitated person and may require a physician's evaluation. For minor guardianships, the court may appoint a guardian ad litem to investigate the child's best interests. In Marion County, Kids' Voice of Indiana often provides these services.
Court Hearing
The court holds a hearing to determine whether guardianship is appropriate and whether the petitioner is the best qualified person to serve as guardian. We present evidence, testimony, and documentation supporting your petition and advocating for the protected person's best interests.
Appointment and Letters of Guardianship
If the court grants your petition, you will take an oath, post bond if required, and receive Letters of Guardianship (IC 29-3-7-3). These letters give you the legal authority to make decisions on behalf of the protected person.
Ongoing Reporting and Compliance
Guardians must file bi-annual reports with the court detailing the status of the protected person and, if the guardianship includes the estate, a detailed financial accounting. We help ensure you stay in compliance with all reporting requirements.
Modification or Termination
Guardianships can be modified or terminated when circumstances change — such as when a minor reaches age 18, an incapacitated adult regains capacity, or a parent becomes fit to resume custody. We assist with these proceedings as well, ensuring the transition is handled properly through the court system.
Powers and Duties of a Guardian in Indiana
Once appointed by the court, a guardian assumes significant legal responsibilities. Understanding these duties before you petition for guardianship is essential — and an experienced Indianapolis guardianship attorney can help you prepare for the obligations ahead.
A guardian of the person is responsible for the protected person's day-to-day care and well-being, including making decisions about medical treatment and healthcare, living arrangements and housing, education (for minor wards), nutrition, clothing, and personal needs, and social activities and relationships. For guardianship of a minor child, the guardian essentially assumes the role of the parent, including the right to determine parenting time and visitation for the biological parents.
A guardian of the estate handles the protected person's financial affairs, including receiving income and benefits on behalf of the protected person, managing investments and property, paying for the protected person's support and living expenses, and filing bi-annual financial accountings with the court. Under IC 29-3-8-4, the guardian has broad powers to manage the estate, including the authority to invest property, continue the protected person's business, and bind guardianship property in transactions for the protected person's benefit.
Importantly, the guardian has a fiduciary duty to act in the protected person's best interests at all times. The court maintains oversight of the guardianship and can remove a guardian who fails to fulfill their duties or who acts contrary to the protected person's interests.
Need to Establish Guardianship in Indianapolis?
You do not have to navigate this alone. Schedule your free consultation today.
Alternatives to Guardianship in Indiana
Guardianship is a powerful legal tool, but it is also one of the most restrictive. Indiana law and courts increasingly favor less restrictive alternatives when they can adequately protect the person in question. During your consultation, we will discuss whether one of the following alternatives may be appropriate for your situation:
Power of Attorney: A durable power of attorney allows a competent adult to designate someone to make financial and legal decisions on their behalf. A healthcare power of attorney does the same for medical decisions. These documents must be executed while the person still has capacity — they cannot be created after incapacity occurs.
Healthcare Representative: Under Indiana law, an individual can appoint a healthcare representative to make medical decisions if they later become unable to do so. This can often eliminate the need for guardianship solely for healthcare purposes.
Supported Decision-Making: Indiana's supported decision-making framework (IC 29-3-14) allows an adult with a disability to designate trusted individuals to help them make decisions without a formal guardianship. The individual retains the right to make their own decisions with the support of their chosen helpers.
Representative Payee: If the primary concern is managing Social Security or other federal benefits, a representative payee can be appointed by the administering agency without the need for court-ordered guardianship.
Trusts: A properly drafted trust can manage assets for the benefit of a person with disabilities or an aging family member without the need for guardianship over the estate.
An experienced guardianship attorney can help you determine which option best serves your loved one's needs while preserving as much of their autonomy as possible. If guardianship is ultimately necessary, we can help you pursue the least restrictive form — a limited guardianship — whenever appropriate.
Indiana Guardianship Law: Key Statutes
IC 29-3 — Indiana Guardianships and Protective Proceedings
Title 29, Article 3 of the Indiana Code is the comprehensive statute governing all guardianship proceedings in Indiana. It covers definitions, general provisions, proceedings in lieu of guardianships, protective orders, appointment of guardians, notice requirements, qualification, responsibilities and powers, and termination of guardianships.
IC 29-3-1-7.5 — Definition of Incapacitated Person
An “incapacitated person” is defined as someone unable to manage their property or provide self-care due to insanity, mental illness or deficiency, physical illness, habitual drunkenness, excessive drug use, incarceration, confinement, detention, duress, fraud, undue influence, or other incapacity — or a person with a developmental disability. This definition is the threshold for establishing adult guardianship.
IC 29-3-5-1 — Petition for Appointment of Guardian
Any person may file a petition for the appointment of a guardian for an incapacitated person or minor. The petition must include the proposed ward's name, age, residence, description and value of property, whether a limited guardianship is sought, and whether any prior guardianship or protective order exists.
IC 29-3-3-7 — Standby Guardians
A parent or guardian may designate a standby guardian through a written declaration attested by two witnesses. The standby guardianship becomes effective upon the parent's death or incapacity and terminates after 90 days unless the standby guardian files a formal petition. Particularly useful for military families and parents with serious illness.
IC 29-3-8-9 — Guardianship Orders and Termination Conditions
When creating a guardianship for a minor, the court may include terms and conditions that a parent must meet to seek modification or termination. A parent seeking to regain custody must prove current fitness by a preponderance of the evidence. If conditions have not been met, the petition is referred to DCS.
IC 29-3-14 — Supported Decision Making
Indiana's supported decision-making statute provides a less restrictive alternative to guardianship for adults with disabilities. Under this framework, the individual retains the right to make their own decisions with the assistance of designated supporters, preserving autonomy while still providing needed help.
Protect What Matters Most
Your family, your loved ones, their future. Let us help you find the path forward.
Guardianship Preparation Checklist
Documents to Gather
✓ Birth certificate of the proposed ward (minor) or identification documents (adult)
✓ Proof of your relationship to the proposed ward
✓ Medical records or physician's statement documenting incapacity (for adult guardianships)
✓ Financial records including bank statements, income sources, and property owned by the proposed ward
✓ Any existing power of attorney, healthcare directive, or trust documents
✓ Names and addresses of all living parents and close family members for required notices
Important Considerations
✓ Whether a less restrictive alternative (power of attorney, supported decision-making) may be sufficient
✓ Whether you are willing and able to fulfill the ongoing reporting requirements
✓ Whether guardianship of the person, estate, or both is needed
✓ Whether a limited guardianship might be appropriate rather than full guardianship
✓ Whether any DCS involvement or CHINS petition exists for the minor child
✓ Whether any other family members may contest the guardianship petition
Marion County Court Guide for Guardianship
Marion Superior Court — Probate Division (Court D08)
Address: City-County Building, 200 East Washington Street, Indianapolis, IN 46204
Phone: (317) 327-4747
Clerk of Courts: (317) 327-4740
Hours: Tuesday–Friday, 8:00 AM – 4:30 PM (Closed Mondays; Thursday closes at 4:00 PM)
Presiding Judge: Judge David Certo
Magistrate: Sarah Glasser
Filing: Guardianship petitions are filed through the Clerk's Office. Required forms include Marion County Probate Form 401.1-B (Application for Appointment of Guardian) and other forms as required by the specific type of guardianship.
Directions from Carmel (Emerson Divorce and Accident Injury Attorneys Office): Head south on US-31 / Meridian Street for approximately 14 miles. The City-County Building is located at the corner of East Washington Street and North Alabama Street in downtown Indianapolis. Public parking is available in nearby garages. The drive takes approximately 25 minutes depending on traffic.
How Long Does the Guardianship Process Take in Indianapolis?
Emergency
24–72 Hours
Temporary guardianship for emergencies involving immediate risk to a child or incapacitated adult.
Uncontested
4–8 Weeks
When all parties agree and there are no objections, the process moves relatively quickly.
Moderate
2–4 Months
Cases requiring service by publication, GAL investigation, or medical evaluations take longer.
Contested
4–12+ Months
When a parent or family member objects, the case may require discovery and trial.
Results for Indiana 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 Indianapolis
Frequently Asked Questions About Guardianship in Indianapolis
How much does it cost to file for guardianship in Indianapolis?
The Marion County court filing fee for a guardianship petition is typically between $150 and $200, though fees can vary. Attorney fees depend on complexity — an uncontested guardianship costs significantly less than a contested proceeding. During your free consultation, we will provide a clear estimate of expected costs for your specific situation.
Do I need a lawyer to get guardianship in Indiana?
Indiana law does not require an attorney, but the Marion County Probate Court strongly recommends legal representation, and in some cases the court may require it. Guardianship involves complex filing requirements, specific notice obligations, and court hearings where procedural mistakes can delay or derail your petition. An experienced Indianapolis family law attorney can ensure your petition is properly filed and effectively presented.
What is the difference between guardianship and custody in Indiana?
Custody is typically granted to a parent, while guardianship is granted to a non-parent. A parent may still retain certain legal rights even when a guardian is appointed. Guardianship can be terminated and reinstated — unlike adoption, which permanently severs parental rights. A child under guardianship can still receive financial support from their parents and may claim against a parent's estate.
Can a grandparent get guardianship of a grandchild in Indianapolis?
Yes. Grandparents are among the most common guardians appointed for minor children in Indiana. Courts often favor grandparents because they provide stability and family connection that serves the child's best interests. The grandparent must demonstrate that the child's parents are unable to provide adequate care and that guardianship is in the child's best interests.
How long does guardianship last in Indiana?
Guardianship of a minor typically lasts until the child turns 18, unless terminated earlier. Adult guardianships continue until the protected person regains capacity, the guardianship is terminated by court order, or the protected person dies. A guardianship does not automatically end when circumstances change — it must be formally terminated through the court system under IC 29-3-12.
Do both parents need to be notified when filing for guardianship?
Yes. Indiana law (IC 29-3-6) requires that all living parents receive notice. Even if a parent has never met the child, you must demonstrate to the court that you attempted to contact them. If a parent cannot be located, notice must be published in a newspaper under Indiana Rules of Trial Procedure Rule 4.13.
Can a parent get their child back after guardianship is established?
Yes, but the parent must petition the court to terminate the guardianship. Under IC 29-3-8-9, if the guardianship order includes terms and conditions, the parent must prove compliance and demonstrate current fitness by a preponderance of the evidence. The court evaluates whether termination serves the child's best interests.
What is an emergency guardianship in Indiana?
An emergency or temporary guardianship can be established on an expedited basis when there is an immediate need to protect a child or incapacitated adult from harm. The court can appoint a temporary guardian pending a full hearing. Emergency guardianships are typically short-term until the court holds a formal hearing and establishes a more permanent arrangement.
Where do I file for guardianship in Indianapolis?
Guardianship petitions for Indianapolis residents are filed with the Marion Superior Court Probate Division (Court D08) at the City-County Building, 200 East Washington Street, Indianapolis, IN 46204. The Clerk's office can be reached at (317) 327-4740.
What is a limited guardianship in Indiana?
A limited guardianship restricts the guardian's authority to only specific areas of the protected person's life. Indiana law encourages limited guardianship as the least restrictive option whenever the protected person retains some capacity for self-care or decision-making. The Letters of Guardianship will specify the limits under IC 29-3-8.
What is the difference between guardianship and power of attorney?
A power of attorney is a voluntary document that a competent person creates to designate someone to act on their behalf — it must be executed while the person has capacity. Guardianship is a court-ordered arrangement typically established after a person has already lost capacity. If a valid durable power of attorney and healthcare directive are in place, guardianship can often be avoided entirely.
Can someone contest a guardianship petition in Indianapolis?
Yes. Any interested party — including parents, family members, or the alleged incapacitated person — can object. The court will hold a hearing where both sides present evidence. The court may appoint a guardian ad litem to independently investigate. Contested guardianship cases in Marion County typically require experienced legal representation.
What are the reporting requirements for guardians in Indiana?
Guardians of the person must file bi-annual reports with the court detailing the protected person's status, living situation, health, and well-being. Guardians of the estate must file detailed financial accountings. Marion County provides Form 412.0 to assist with compliance. Failure to file required reports can result in removal as guardian.
What is supported decision-making in Indiana?
Supported decision-making under IC 29-3-14 is an alternative to guardianship for adults with disabilities. It allows an individual to keep their legal rights while designating trusted supporters who help them understand and make their own decisions. This preserves the person's autonomy and is often appropriate for individuals who need assistance but are not fully incapacitated.
How does guardianship work when a child with special needs turns 18?
When a special needs child reaches age 18, they are legally an adult in Indiana and parental authority ends. If the individual cannot manage their own affairs, the family must petition for adult guardianship. This should be planned in advance — ideally, the petition should be filed before the child's 18th birthday so there is no gap in legal authority. Families should consult a guardianship attorney well before the transition to adulthood.
What is a standby guardian in Indiana?
A standby guardian is designated by a parent or current guardian to take over if the parent becomes incapacitated or dies. Under IC 29-3-3-7, the designation is made through a written declaration signed by two witnesses. The standby guardianship becomes effective immediately upon the triggering event but automatically terminates after 90 days unless a formal petition is filed. This is important for single parents, military families, and parents with serious health conditions.
Serving Indianapolis Neighborhoods and Surrounding Communities
We represent families seeking guardianship throughout Indianapolis and Marion County, including:
Butler-Tarkington
Downtown
Eagle Creek
Fountain Square
Geist
Irvington
Lawrence
Meridian-Kessler
Near Northside
Speedway
Traders Point
Garfield Park
Castleton
Beech Grove
Southport
Haughville
Fletcher Place
Fall Creek
SoBro
We also serve families in nearby cities:
You Are Our Top Priority
Free consultation. Honest answers. No pressure. No fee unless we win your injury case.
When you're dealing with a serious injury or facing a difficult divorce, the last thing you need is a law firm that treats you like a number. At Emerson Divorce and Accident Injury Attorneys, you will speak directly with JR or Jill — not a call center, not an intake coordinator, not a paralegal screening your call.
We provide every potential client with a free initial consultation so we can listen to your story, answer your questions, and give you an honest assessment of your options. There is no cost and no obligation to talk to us about your case.
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Zionsville, IN 46077
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