New Requirements for Contents of Petitions for Appointment of a Guardian

Effective July 1, 2019, the requirements for contents of petitions for appointment of a guardian codified in Indiana Code 29-3-5-1 have expanded to include new subsection (a)(11):

The petition must state the following:

(11) A description of the petitioner's efforts to use less restrictive alternatives before seeking guardianship, including:
(A) the less restrictive alternatives for meeting the alleged incapacitated person's needs that were considered or implemented;
(B) if a less restrictive alternative was not considered or implemented, the reason that the less restrictive alternative was not considered or implemented; and
(C) the reason a less restrictive alternative is insufficient to meet the needs of the alleged incapacitated person.

Marion County Probate Court will issue notices if petitions for guardianship do not meet the new statutory requirements. 

If you would like to submit content or write an article for the Estate Planning & Administration Section, please email Kara Sikorski at ksikorski@indybar.org.