Indiana Petition for Notice to Minor to Nominate or Select Guardian

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Multi-State
Control #:
US-03326BG
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Description

In most jurisdictions, a minor, on reaching a certain age, which was 14 years at common law, may choose his or her own guardian, conditioned on the guardian's posting of a bond and subject to confirmation by the court. The authorities are not in agreement as to whether a minor's right to select a guardian may be exercised for the purpose of superseding a guardian previously appointed. Where a minor is not of sufficient age to have an unqualified right to select a guardian, it is usual for the court to ascertain the preference of the minor if the minor is of an age to exercise an intelligent choice.

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FAQ

(a) A guardian appointed in this state may petition the court to transfer the guardianship to another state. (b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian.

The court, on petition by any person or on its own motion, may appoint a temporary guardian for the incapacitated person or minor for a specified period not to exceed ninety (90) days.

File a Petition for Guardianship with a court with probate jurisdiction and notify the allegedly incapacitated person, all close family members, and any person or institution having care or custody of the allegedly incapacitated person during the 60 days preceding filing of guardianship petition. Pay the filing fee.

Does guardianship override parental rights in Indiana, or do they cease to exist? In short, receiving an order of guardianship does not typically terminate parental rights in Indiana. The general idea behind guardianship is that it is temporary and reunification is the goal of the court system.

In order to get guardianship of a minor child, you must explain to the court how a guardianship is in the best interest of the child and ask the court to appoint you as the guardian. Look through our self-help forms, videos, and linked resources on Guardianship in Indiana.

It is always best to get an attorney, and sometimes the court will require you to have an attorney in a guardianship case. You should review the statutes on guardianship here: Indiana Code Title 29-3. Rules may be different in every county.

Sec. 1. (a) Any person may file a petition for the appointment of a person to serve as guardian for an incapacitated person or minor under this chapter or to have a protective order issued under IC 29-3-4.

(a) When a person dies, the person's real and personal property passes to persons to whom it is devised by the person's last will or, in the absence of such disposition, to the persons who succeed to the person's estate as the person's heirs; but it shall be subject to the possession of the personal representative and ...

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Indiana Petition for Notice to Minor to Nominate or Select Guardian