Changes to Indiana’s Guardianship Statute

Several changes to the Indiana Guardianship statute took effect as of July 1st, 2012.     Below are some highlights.     

 Senate Enrolled Act 32 – Guardianships

  • Provides for a change in the law for the automatic termination of a guardianship when the minor reaches the age of 18, unless there is a reason for the guardianship to continue beyond age 18 such as the adjudication that the minor is an incapacitated person or in which the minor received financial assistance from the Department of Child Services. In those cases, the guardianship may not be automatically terminated by the court when the minor reaches the age of 18.
  • Allows a minor (who has not  otherwise been adjudicated an incapacitated person) and the minor’s guardian to jointly petition the court to extend the guardianship that would otherwise be automatically terminated by the Court past age 18, but not beyond the date the protected person reaches the age of 22.  Under these circumstances, the Court must find that extending the guardianship is in the best interests of the protected person.

If you are currently serving as a guardian or contemplating guardianship for a loved one, please feel free to contact our office to arrange a time to discuss how these changes may affect your situation.    

 It is truly our privilege to work with families and caregivers.