Indiana Code

Ind. Code § 29-3-3-4 (2026)

Temporary guardians; notice; hearing; suspension of guardian; powers and responsibilities

✓ current as of May 2026

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Sec. 4. (a) If:

(1) a guardian has not been appointed for an incapacitated person or minor;

(2) an emergency exists;

(3) the welfare of the incapacitated person or minor requires immediate action; and

(4) no other person appears to have authority to act in the circumstances;

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. Upon notice and hearing, the court may, with good cause shown, grant one (1) extension of the temporary guardianship for not more than ninety (90) days. No such appointment shall be made except after notice and hearing unless it is alleged and found by the court that immediate and irreparable injury to the person or injury, loss, or damage to the property of the alleged incapacitated person or minor may result before the alleged incapacitated person or minor can be heard in response to the petition. If a temporary guardian is appointed without advance notice and the alleged incapacitated person or minor files a petition that the guardianship be terminated or the court order modified, the court shall hear and determine the petition at the earliest possible time.

(b) If:

(1) a petition is filed under this section for the appointment of a temporary guardian; and

(2) each person required to receive notice under IC 29-3-6-1(a) has not:

(A) received a complete copy of the petition and notice required by IC 29-3-6-2 before the court considers and acts on the petition; or

(B) received actual notice of the filing of the petition and specifically waived in writing the necessity for service of the notice required under IC 29-3-6-2 before the court considers and acts on the petition;

the petitioner shall, on the earlier of the date the court enters an order scheduling a hearing on the petition or the date the court enters an order appointing a temporary guardian, serve complete copies of the petition, the court's order, and the notice required by IC 29-3-6-2 on every person entitled to receive notice under IC 29-3-6-1(a) and on each additional person to whom the court directs that notice be given. The requirements of this subsection are in addition to the petitioner's obligations under Rule 65 of the Indiana Rules of Trial Procedure to make a specific showing of the petitioner's efforts to provide advance notice to all interested persons or the reasons why advance notice cannot or should not be given.

(c) If the court finds that a previously appointed guardian is not effectively performing fiduciary duties and that the welfare of the protected person requires immediate action, the court may suspend the authority of the previously appointed guardian and appoint a temporary guardian for the protected person for any period fixed by the court. The authority of the previously appointed guardian is suspended as long as a temporary guardian appointed under this subsection has authority to act.

(d) A temporary guardian appointed under this section has only the responsibilities and powers that are ordered by the court. The court shall order only the powers that are necessary to prevent immediate and substantial injury or loss to the person or property of the alleged incapacitated person or minor in an appointment made under this section.

(e) Proceedings under this section are not subject to the provisions of IC 29-3-4.

(f) A proceeding under this section may be joined with a proceeding under IC 29-3-4 or IC 29-3-5.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.65; P.L.154-1990, SEC.13; P.L.178-2011, SEC.3; P.L.161-2018, SEC.36.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1991–2024 · leading case: Matter of Lawrance, 579 N.E.2d 32 (Ind. 1991).

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Matter of Lawrance, 579 N.E.2d 32 (Ind. 1991). · cites it 9× “Did the Probate Court Err in Appointing a Guardian? The Marion Superior Court appointed a temporary limited guardian for Sue Ann Lawrance under Indiana Code § 29-3-3-4 (West Supp. 1990), an emergency appointment provision of the code's article on guardianship.”

In the Matter of the Guardianship of N.R., N.R. v. Eva Willis & Charles Reagins, Peoples Bank, SB, 26 N.E.3d 97 (Ind. Ct. App. 2015). · cites it 8× “Indiana Code section 29-3-3-4 governs the emergency appointment of a temporary guardian: *102 (a) If: (1) a guardian has not been appointed for an incapacitated person .”

Wells v. Guardianship of Wells, 731 N.E.2d 1047 (Ind. Ct. App. 2000). · cites it 9× “The appointment of temporary guardianship is governed by IC § 29-3-3-4 (West 1994), which states, in pertinent part: Sec.”

Cook v. Harris, 852 N.E.2d 933 (Ind. Ct. App. 2006). · cites it 2× “]" Ind. Code § 29-3-3-4 (a). . The parties argue about whether the trial court's order denying the Estate Guardians' First Petition to Set Aside Power of Attorney was a determination of whether Hollenga was competent at the time she executed the power of attorney.”

Ray E. Plummer v. Am. Inst. of Certified Pub. Accountants, 97 F.3d 220 (7th Cir. 1996). “” Ind.Code § 29-3-3-4(c). 6 . HUD also filed a complaint with state regulatory officials.”

In re Adoption of M.J.C., 590 N.E.2d 1095 (Ind. Ct. App. 1992). · cites it 2× “The record reveals that grandmother’s authority to act as guardian was suspended *1102 pursuant to Indiana Code 29-3-3-4. Indiana Code 29-3-3-4(b) provides: (b) If the court finds that a previously appointed guardian is not effectively performing fiduciary duties and that the…”

S.M. v. S.G., 918 N.E.2d 746 (Ind. Ct. App. 2009). · cites it 2× “Ind.Code §§ 29-3-3-4 and 31-21-5-4. Although Aunt filed her emergency petition pursuant to Indiana Code Article 29-3, apparently in an attempt to circumvent Indiana Code Article 31-21 (UCCJL), the laiter controls here because it is specific to inter-state custody disputes, while…”

In the Matter of the Supervised Est. of Donald L. Moster, Sr., Lisa Voltz, Successor Pers. Rep., & Donald L. Moster, Jr. v. Rose M. Deschand (mem. dec.) (Ind. Ct. App. 2020). · cites it 12× “Ind. Code § 29-3-3-4 (a).4 On November 30, 2012, Voltz filed the Guardianship Petition, and the trial court issued an order appointing Voltz as an emergency guardian over Donald and his estate and finding Donald was “in need of a Guardian by reason of his disabilities, that he…”

In re the Guardianship of Thora Moulton: Alison E. Clapp (O'Callaghan) v. Donald J. Evans (Ind. Ct. App. 2012). · cites it 10× “Is Ind. Code Ann. § 29-3-3-4 (West, Westlaw through legislation effective May 31, 2012) unconstitutional? 2.”

In Re the Guardianship of Anthony J. Panzica, Protected Person, Anthony J. Panzica v. Real Servs., Inc. (Ind. Ct. App. 2014). · cites it 8× “Therefore, we conclude that the petition and the probate court’s order complied with the requirements of Indiana Code section 29-3-3-4 for establishing a temporary guardianship without notice.”

CHINS: A H v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2024). · cites it 2× “I.C. § 29-3-3-4 (2018) (emphasis added). In that case, the relaxed notice requirements may apply if certain conditions are met.”

— Ind. Code § 29-3-3-4(a) — 2 cases

In the Matter of the Guardianship of N.R., N.R. v. Eva Willis & Charles Reagins, Peoples Bank, SB, 26 N.E.3d 97 (Ind. Ct. App. 2015). “Indiana Code section 29-3-3-4 governs the emergency appointment of a temporary guardian: *102 (a) If: (1) a guardian has not been appointed for an incapacitated person .”

In Re the Guardianship of Anthony J. Panzica, Protected Person, Anthony J. Panzica v. Real Servs., Inc. (Ind. Ct. App. 2014). “Therefore, we conclude that the petition and the probate court’s order complied with the requirements of Indiana Code section 29-3-3-4 for establishing a temporary guardianship without notice.”

— Ind. Code § 29-3-3-4(a)(4) — 1 case

Matter of Lawrance, 579 N.E.2d 32 (Ind. 1991). “Did the Probate Court Err in Appointing a Guardian? The Marion Superior Court appointed a temporary limited guardian for Sue Ann Lawrance under Indiana Code § 29-3-3-4 (West Supp. 1990), an emergency appointment provision of the code's article on guardianship.”

— Ind. Code § 29-3-3-4(b) — 3 cases

In re Adoption of M.J.C., 590 N.E.2d 1095 (Ind. Ct. App. 1992). “The record reveals that grandmother’s authority to act as guardian was suspended *1102 pursuant to Indiana Code 29-3-3-4. Indiana Code 29-3-3-4(b) provides: (b) If the court finds that a previously appointed guardian is not effectively performing fiduciary duties and that the…”

— Ind. Code § 29-3-3-4(c) — 1 case

Ray E. Plummer v. Am. Inst. of Certified Pub. Accountants, 97 F.3d 220 (7th Cir. 1996). “” Ind.Code § 29-3-3-4(c). 6 . HUD also filed a complaint with state regulatory officials.”

— Ind. Code § 29-3-3-4(d) — 1 case

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