Establishing Guardianship

• When guardianship is established in Indiana you have to fill out a number of forms, including a petition for guardianship under IC 29-3-5. Alternatively, the parent can file a declaration with the court that names legal guardians in the event of the parent's death or incapacitation. If no one comes forward, the court will attempt to find all appropriate persons, family and close friends of the family that meet the legal requirements, and offer guardianship status to them before the state is made the legal guardian in lieu of another person.
  
  

Full and Temporary Legal Guardians

• Temporary guardians, according to IC 29-3-3-4 are only to assume this position for 90 days while the court seeks a more permanent guardian. A full legal guardian is appointed full time until the subject can see to his own affairs. Both types of guardians are given the full powers of natural parents, and they are expected to act in the same capacities regarding taking care of the subject's needs and providing for wants.
  
  

Amending Guardianship

• Guardianship is a status that can be altered and changed. Temporary guardians can request full guardianship, full guardians may request to be recused of responsibilities and minors over 14 can request that different guardians be assigned to them. Depending on the changes you want to make, you'll have to fill out different forms. If you're not certain which forms are appropriate for your particular needs, ask the court clerk's office for the proper forms for your particular needs.
  
  

Legal Changes

• Guardianship can also be altered when the legislature changes the law. For instance, before 2011 temporary guardianship was a position that lasted for 60 days. The law then changed, making the period 90 days instead. Depending on your status when new laws are passed, you can file petitions with the court requesting time to adjust to the new laws, or requesting that your status be grandfathered in as it existed previous to the legal change.