Indiana Temporary Guardianship Form: What to File and When

You've taken in a relative's child and someone told you to "get guardianship papers." Before you head to the courthouse, it's worth understanding exactly what Indiana temporary guardianship involves — because you might not need it, and there's a faster option that covers most everyday needs.

What Temporary Guardianship Actually Is

Under IC 29-3-3-4, an Indiana court can issue a temporary guardianship order lasting up to 90 days when there's an immediate emergency requiring someone to make decisions for a minor child. This is a court proceeding — you file a petition in the county's probate or circuit court, and a judge decides whether to grant it.

Temporary guardianship is designed for urgent situations: a parent is suddenly hospitalized and there's no other legal instrument in place, or a child is at immediate risk without a designated decision-maker.

The Filing Process

Indiana Legal Help (indianalegalhelp.org) provides the current court form packet, which includes:

• A Verified Petition for Appointment of Guardian of the Person
• An Appearance Form
• A Guardianship Information Sheet
• The CHINS Disclosure Form (Form 4012) — mandatory under IC 29-3-2-7; it asks about open or closed CHINS cases, Informal Adjustments, and substantiated DCS abuse or neglect reports involving the child or a party to the proceeding
• Proposed Orders and Summons

Filing fees run $157–$177 depending on the county. If you can't afford the fee, submit a Verified Motion for Fee Waiver at the same time.

The packet includes a summons and proposed orders. Follow the current packet's notice and service instructions, and confirm any county-specific steps with the court clerk or legal aid.

Before You File: Consider a Power of Attorney

Most relatives raising a child don't need temporary guardianship to handle school and medical situations. A parental power of attorney under IC 29-3-9-1 gives you authority over school enrollment, medical consent, and day-to-day custody decisions for up to 12 months — and it requires only the parent's notarized signature, not a court filing.

The POA works when the parent is cooperative. If the parent is incarcerated, Indiana Department of Correction facilities provide notary services so they can sign. If the parent is in treatment, ask facility staff whether notary services are available.

You may need the court route when:

• You need authority beyond the non-court school and medical consent routes and the parent refuses or cannot sign
• The parent is actively objecting to the care arrangement
• You need authority the POA can't grant (inpatient psychiatric admission, or applying for a minor's passport when parent participation is unavailable; any court order should expressly grant passport authority)
• The 12-month POA limit has expired and the parent can't sign a renewal

Permanent vs. Temporary

If the child will be in your care long-term, you may want to file for permanent guardianship from the start rather than a 90-day temporary order that requires a follow-up petition. Permanent guardianship under IC 29-3-5 lasts until the child reaches age 18, emancipation, or judicial termination.

Talk this through with Indiana Legal Services (1-844-243-8570) if you're unsure which path fits. They offer free representation to qualifying families and can help you avoid filing the wrong petition.

Getting Organized

Whether you're filing for temporary guardianship or starting with a power of attorney, the paperwork goes smoother when you have everything assembled in advance. The Indiana School and Medical Consent Guide includes a document preparation checklist that maps each legal instrument to the specific situations it covers, so you know exactly which path to take before you start filling out forms.

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