Indiana Code
Ind. Code § 29-3-5-3 (2026)
Findings; appointment of guardian; limited guardianship; protective orders
✓ current as of May 2026
Sec. 3. (a) Except under subsection (c), if it is alleged and the court finds that:
(1) the individual for whom the guardian is sought is an incapacitated person or a minor; and
(2) the appointment of a guardian is necessary as a means of providing care and supervision of the physical person or property of the incapacitated person or minor;
the court shall appoint a guardian under this chapter.
(b) If it is alleged and the court finds that the welfare of an incapacitated person would be best served by limiting the scope of the guardianship, the court shall make the appointive or other orders under this chapter to:
(1) encourage development of the incapacitated person's self-improvement, self-reliance, and independence; and
(2) contribute to the incapacitated person's living as normal a life as that person's condition and circumstances permit without psychological or physical harm to the incapacitated person.
(c) If the court finds that it is not in the best interests of the incapacitated person or minor to appoint a guardian, the court may:
(1) treat the petition as one for a protective order and proceed accordingly;
(2) enter any other appropriate order; or
(3) dismiss the proceedings.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.69.
Notes of Decisions
Cited in 35
cases (2 in the last 5 years), 1996–2025 · leading case: E.N. Ex Rel. Nesbitt v. Rising Sun-Ohio Cnty. Cmty. Sch. Corp., 720 N.E.2d 447 (Ind. Ct. App. 1999).
E.N. Ex Rel. Nesbitt v. Rising Sun-Ohio Cnty. Cmty. Sch. Corp., 720 N.E.2d 447 (Ind. Ct. App. 1999). “And this is so whether the guardianship is custodial, or non-custodial as the case is here.”
Hickman v. Hickman, 805 N.E.2d 808 (Ind. Ct. App. 2004). “Joseph points out that an inconsistency exists between the right to request a jury trial and Ind.Code § 29-3-5-3({a), which provides that "the court shall appoint a guardian" if the petition alleges and the "court finds that: (1) the individual for whom the guardian is sought is…”
Conrad v. Atkins, 868 N.E.2d 878 (Ind. Ct. App. 2007). “” I.C. § 29-3-5-3(b). The trial court was also required to order appropriate relief if it found that the At-kinses were not acting in Patrick’s best interest.”
Guardianship: Ray Lamey M.D. v. Ziemer, Stayman, Weitzel & Shoulders, LLP, 87 N.E.3d 512 (Ind. Ct. App. 2017). “” I.C. § 29-3-5-3(b). Availing themselves of this provision, the parties, as affirmed by the trial court, established certain boundaries to the guardianship and determined in the Agreed Order that: 15.”
In re the Guardianship of Hellen Kinney Morris: Mary M. Kinney & Patrick Kinney v. Paul Kevin Kinney, 56 N.E.3d 719 (Ind. Ct. App. 2016). “” Ind. Code § 29-3-5-3 (a). The court shall appoint as guardian “a qualified • person or persons most suitable and willing to serve, having due regard to,” among other things, “[a]ny request made by a person alleged to be an incapacitated person” and “[a]ny person acting for the…”
In Re the Guardianship of A.L.C., 902 N.E.2d 343 (Ind. Ct. App. 2009). “However, before a court is required to appoint a guardian for a minor, the court must find that the appointment is "necessary as a means of providing care and supervision of the physical person or property of the .”
In Re Guardianship of JK, 862 N.E.2d 686 (Ind. Ct. App. 2007). “Code § 29-3-5-3, a trial court may appoint a guardian to a minor if "the appointment of a guardian is necessary as a means of providing care and supervision of the physical person or property of the incapacitated person or minor.”
Cook v. Harris, 852 N.E.2d 933 (Ind. Ct. App. 2006). “Specifically, Indiana Code Section 29-3-5-3 provides that the trial court "shall appoint a guardian" if the trial court finds that; "(1) the individual for whom the guardian is sought is an incapacitated person or a minor; and (2) the appointment of a guardian is necessary as a…”
Hinkley v. Chapman, 817 N.E.2d 1288 (Ind. Ct. App. 2004). “2 Ind.Code § 29-3-5-3(a)(2) (Burns Code Ed.”
In the Matter of the Guardianship of B.W. E.W. v. L.G., 45 N.E.3d 860 (Ind. Ct. App. 2015). “Indiana Code section 29-3-5-3(a) provides the standard for appointment of a guardian: [I]f it is alleged and the court finds that: (1) the individual for whom the guardian is sought is an incapacitated person or a minor; and (2) the appointment of a guardian is necessary as a…”
Ault v. Brewer, 922 N.E.2d 82 (Ind. Ct. App. 2010). “Indiana Code section 29-3-5-3 provides that if a guardianship is sought for an incapacitated person or a minor and "the appointment of a guardian is necessary as a means of providing care and supervision of the physical person or property of the incapacitated person or minor;…”
V.S.D. v. Williams-Huston, 660 N.E.2d 1064 (Ind. Ct. App. 1996). “CODE § 29-3-5-3(c) (1993). . As used in IC 16-36-1-5, health care means "any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition.”
— Ind. Code § 29-3-5-3(a) — 11 cases
E.N. Ex Rel. Nesbitt v. Rising Sun-Ohio Cnty. Cmty. Sch. Corp., 720 N.E.2d 447 (Ind. Ct. App. 1999). “And this is so whether the guardianship is custodial, or non-custodial as the case is here.”
Hickman v. Hickman, 805 N.E.2d 808 (Ind. Ct. App. 2004). “Joseph points out that an inconsistency exists between the right to request a jury trial and Ind.Code § 29-3-5-3({a), which provides that "the court shall appoint a guardian" if the petition alleges and the "court finds that: (1) the individual for whom the guardian is sought is…”
In re the Guardianship of Hellen Kinney Morris: Mary M. Kinney & Patrick Kinney v. Paul Kevin Kinney, 56 N.E.3d 719 (Ind. Ct. App. 2016). “” Ind. Code § 29-3-5-3 (a). The court shall appoint as guardian “a qualified • person or persons most suitable and willing to serve, having due regard to,” among other things, “[a]ny request made by a person alleged to be an incapacitated person” and “[a]ny person acting for the…”
In the Matter of the Guardianship of B.W. E.W. v. L.G., 45 N.E.3d 860 (Ind. Ct. App. 2015). “Indiana Code section 29-3-5-3(a) provides the standard for appointment of a guardian: [I]f it is alleged and the court finds that: (1) the individual for whom the guardian is sought is an incapacitated person or a minor; and (2) the appointment of a guardian is necessary as a…”
In re the Guardianship of: Helen Kinney Morris, Mary M. Kinney & Patrick Kinney v. Paul Kevin Kinney (mem. dec.) (Ind. Ct. App. 2017).
— Ind. Code § 29-3-5-3(a)(2) — 3 cases
In Re the Guardianship of A.L.C., 902 N.E.2d 343 (Ind. Ct. App. 2009). “However, before a court is required to appoint a guardian for a minor, the court must find that the appointment is "necessary as a means of providing care and supervision of the physical person or property of the .”
Hinkley v. Chapman, 817 N.E.2d 1288 (Ind. Ct. App. 2004). “2 Ind.Code § 29-3-5-3(a)(2) (Burns Code Ed.”
Amanda & Joseph Emanuele & Alicia Emanuele v. Winford E. Moore, III (mem. dec.) (Ind. Ct. App. 2015).
— Ind. Code § 29-3-5-3(b) — 2 cases
Conrad v. Atkins, 868 N.E.2d 878 (Ind. Ct. App. 2007). “” I.C. § 29-3-5-3(b). The trial court was also required to order appropriate relief if it found that the At-kinses were not acting in Patrick’s best interest.”
Guardianship: Ray Lamey M.D. v. Ziemer, Stayman, Weitzel & Shoulders, LLP, 87 N.E.3d 512 (Ind. Ct. App. 2017). “” I.C. § 29-3-5-3(b). Availing themselves of this provision, the parties, as affirmed by the trial court, established certain boundaries to the guardianship and determined in the Agreed Order that: 15.”
— Ind. Code § 29-3-5-3(c) — 2 cases
V.S.D. v. Williams-Huston, 660 N.E.2d 1064 (Ind. Ct. App. 1996). “CODE § 29-3-5-3(c) (1993). . As used in IC 16-36-1-5, health care means "any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition.”
In Re Guardianship of VSD, 660 N.E.2d 1064 (Ind. Ct. App. 1996).
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