A legal proceeding to appoint a person who is responsible to the court to take care of an incapacitated individual or minor and/or manage that individual’s property.

An “incapacitated person” is someone who cannot fully manage their property and/or provide self care because of insanity, mental illness or deficiency, physical illness, habitual drunkenness, excessive use of drugs, incarceration, confinement, detention, duress, fraud, undue influence of others, or other incapacity or a person who has a developmental disability. (IC 29-3-1-7.5)

• Guardian of the Person: oversees the proper living condition and treatment for the protected person
• Guardian of the Estate: responsible to oversee and manage proper investment and financial affairs of the protected person
• Guardian of the Person & Estate: responsible for both of the above aspects of a protected person’s life

1. A power of attorney is voluntary; a Guardianship can be voluntary or involuntary
2. A power of attorney is easily revoked; a Guardianship can only be terminated by a court order
3. A power of attorney is made by someone who is competent; a Guardianship usually involves someone who is incompetent by age or health
4. A power of attorney is private and does not involve a court; a Guardianship involves court proceedings
5. An attorney in fact under a power of attorney has less formal accountability than a Guardian

• Do everything for the best interests of the protected person
• File an inventory of assets if guardian of the estate
• Keep all funds of the protected person separate from the Guardian’s personal funds
• Obtain permission from the court before selling anything of value belonging to the protected person
• Obtain approval from the court if making an unusual expenditure for the protected person
• Obtain approval before moving the protected person out of town or out of state
• Every two years, file an accounting of income, assets and expenses with the court and others