What are the general powers and duties of a guardian?
      The control that a guardian has over a ward is limited to the authority granted by Indiana statutes, decisions of Indiana courts, and orders and rules of the probate or juvenile court. All guardians must obey the orders and judgments of the court by which they were appointed. The court may confer broad and far-reaching powers on a guardian, or it may limit or deny any power granted under Indiana statutes or case law. Indiana law provides for different types of guardianships (listed below).

What are the types of guardianships?
      A "guardian of the person" is appointed to protect and have physical custody of a ward and to provide for the ward's day-to-day maintenance, paid from the ward's assets. Maintenance means providing food, shelter, clothing, health care and other necessities. It includes responsibility for the education of a minor ward as required by law, and making decisions about medical treatment and other professional services the ward may require. Only a "natural person" (not a bank or a company) can be appointed as a guardian of the person.

      A "guardian of the estate" is appointed to manage the property and financial assets of the ward for the ward's best interests. Specifically, the guardian of the estate must:

      Unless the court order appointing a guardian specifies otherwise, the same person is normally named as both guardian of the person and the estate.

      A "limited guardian" is a guardian whose powers are specifically limited by the court. If there is no limitation, the ward has no legal capacity to act and can only legally act through the guardian. A ward for whom a limited guardian has been appointed retains all rights in all areas not covered by the Order of Limited Guardianship.

      A "temporary guardian" is a guardian appointed by the court without a formal hearing when an emergency exists for a specified period not to exceed 60 days. The court must find that the immediate appointment of a guardian is necessary to prevent injury to the person or estate of the ward.

What is included in a guardian's inventory?
      A guardian of the estate of a ward must file an inventory of the ward's assets within 90 days after appointment or within 30 days for temporary guardians. The inventory must list all real and personal property of the ward, all stocks owned by the ward, all mortgages, bonds and notes payable to the ward, and all bank accounts, money and insurance payable to the ward. The court may require that the inventory be supported by evidence or that the guardian produce prior income tax returns, bank statements, Social Security records of the ward or any other relevant documents.

What is a guardian's account?
      Every guardian, except a guardian of the person only, must file an account in the court at least once every two years, or more often if local court rules require it. A final account must also be filed with any petition for termination of the guardianship. This account must include an itemized statement of all receipts, disbursements and distributions made from the ward's estate. All transactions must be verified by vouchers or proof. The accounting must also contain an itemized statement of all funds, assets and investments in the guardian's hands at the end of the accounting period, and any changes in investments since the last account was filed. Actual securities and passbooks or bank statements must be made available to the court for examination, and the account must be made on the signature and oath of the guardian.

What is a guardian's report?
      A guardian's report to the court is required of all guardians of incompetent persons. This report must be filed two years after the date of a guardian's appointment, and every two years thereafter. It is generally filed with the guardian's account when an account is required. The court, on motion or by rule, has the authority to require such a report at any time.

      The guardian's report must be made on a court-prescribed form, and must contain specific information, including a list of the number and nature of contacts with the ward over the period covered by the report; any major changes in the ward's physical or mental condition observed by the guardian; the guardian's opinion as to the necessity for continuing the guardianship and the adequacy of the care that the ward is receiving; and the date that the ward last saw a physician and a physician's report. The purpose of the report is to assist the court in determining if the guardianship should be continued.

How can I be an effective guardian?
      The key to being an effective guardian is to have as much knowledge about and direct contact with the ward as possible. The guardian should make every attempt to have a positive relationship with the ward, visit and communicate with the ward often and generally demonstrate personal concern for the ward and his or her well being.

      It is also important to establish and maintain a positive relationship with all of the ward's family members. A guardian will find that he or she can avoid problems and complications by keeping all family members informed of what is going on with the guardianship, and actively inviting them to participate to the extent practical. Problems rarely arise in those guardianships where the guardian makes both the ward and his or her family members feel that they are important members of a team.

If I am named as a guardian, what help should I seek?   
       No sensible person would engage "just anyone" to fill a loved one's tooth or remove an appendix. Likewise, a guardian should be careful in taking advice regarding his or her duties to the ward. A lawyer can help you understand and fulfill your legal duties as a guardian, and avoid mistakes or oversights that could result in serious harm to your ward or his or her family. Indiana's laws regarding the appointment and conduct of guardians are not simple. Understanding and complying with them calls for professional expertise.