By Nick Parker, Staff Attorney | Office of Court Services, Adult Guardianship Office
Guardianship is an area of law that continues to grow and evolve. In recent years, new laws and policies have re-evaluated how society views this legal arrangement, including what a guardian’s proper rights and responsibilities are for providing care to an adult in need of services.
Framing this role will become more important than ever in the near future, as some studies predict that the number of Americans aged 65 and over will more than double by 2040. With an expected 80 million or more retirement-aged people in the United States, more Hoosiers will interact with the guardianship system, creating additional needs and unique challenges for the court system.
The challenges the judiciary faces now will only become more acute as courts continue to address communication gaps and reduce silos within the guardianship system while simultaneously facing increasing caseloads. Recognizing these challenges and the need for alignment, the Indiana Supreme Court convened the Guardianship Oversight Task Force in December 2024.
With an expected 80 million retirement-aged Americans by 2040, more Hoosiers will interact with the guardianship system than ever before.
The task force was directed by the Court to develop a report that includes research on recommended guardianship best practices and innovative programming. The report was to assess the potential impact of reform efforts and develop improvements to lead to better outcomes for all guardianship stakeholders and the judiciary overall. In total, it contains 26 recommendations for improving the judicial response to guardianship cases while also managing and improving the interactions between stakeholders.
If implemented, these recommendations will lead to a higher-functioning guardianship system in 2026 and beyond. Though the primary focus of the task force was adult cases, the recommendations will improve tracking and data for minor guardianship cases as well.
The report is divided into three sections that holistically address issues arising before a guardianship is filed, during the court review, and after the final order is signed:
Education, Resources & Data
- Comprehensive education and training for guardians, including a standard curriculum as well as initial and ongoing training on quality performance metrics
- Promotion of resources and innovative support for guardians, protected persons, and other stakeholders, including new navigation tools and opportunities, a best practice guide, and a central online portal for guardianship information
- Improved tracking and data collection, including enhancements to the Guardianship Registry and a new statewide guardianship data dashboard with up-to-date information and statistics
Standardized Practices & Procedures
- Consistent forms and reports for both guardianship filers and judicial officers, including a standard medical report and court order for guardianships that can be used across the state
- Law and process improvements, including refinements and modifications to the Indiana Code that would align stakeholders and promote synergy
- Enhanced court monitoring, including expansion of a pilot program and adoption of guidelines for Guardians Ad Litem and oversight work
Increased support for guardians, including an increase in monthly Medicaid rates for professional guardians and a pipeline for high-functioning family guardians to take an active role in volunteer-based guardianship programs
Alternatives & Limiting Guardianship
- Preventive measures, including avoiding lapses in guardian supports and more frequent review of cases involving “emerging adults” (ages 15-25)
- Clear off-ramps from guardianship, including supports to challenge guardianship, a “temporary suspension” for guardians who abuse power, and a “sunset clause” that would encourage court reporting by removing their authority if a guardian fails to file their biennial report
- Promoting usage of limited guardianship, including a standard Supported Decision-Making Agreement and providing educational materials to third parties in the financial, education, and healthcare fields
The work of the Guardianship Oversight Task Force will continue this year and beyond. Its focus will become implementation of the recommendations, addressing the logistics for funding, and organizational changes that may be needed. Targeted workgroups will address specific topics and work toward implementation, with periodic reporting to the Indiana Supreme Court.
If these recommendations are implemented, Indiana will be on the cutting edge of streamlined and effective judicial responses that meet the needs of and enhance the experiences of guardianship stakeholders across Indiana. The system envisioned could better address the increased demands and unique challenges resulting from increased interactions with the guardianship system. It could also provide responsible and ethical guardianship best practices for managing the care and support of thousands of Hoosier protected adults.
The Adult Guardianship Office within the Indiana Office of Court Services provides support to judicial officers, court staff, and guardians.
For more information on the office, please visit courts.in.gov/iocs/adult-guardianship or email [email protected]