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Temporary Guardianship This can only be requested if there is an application for general guardianship pending with the courts, and if there is a critical need to protect the person from substantial harm to their physical or mental health, their safety or well-being, or their property or business affairs.

The initial guardianship request is filed with the county surrogate's office. A Superior Court judge then hears and decides on the case. If incapacitation is determined, the court-appointed guardian must qualify with the county surrogate. Potential guardians can file for a standard guardianship.

Custody can refer to either legal decision-making authority, physical custody, or both, while guardianship only applies to legal decision-making, despite the fact that a guardian may or may not also have custody.

A kinship legal guardian is a relative or close family friend who is appointed by the court to raise a child when the parents are unable to do so. Kinship legal guardianship (KLG) does not terminate the parents' rights. Parents can still seek visitation, and they are still financially responsible for the child.

Appointment of a Temporary Guardian (Pendente lite) Whenever a complaint is filed in the Superior Court to declare a person incapacitated and appoint a guardian, the complaint may request the appointment of a temporary guardian of the person or estate, or both, pendente lite.

Obtaining Letters of Guardianship You cannot act as guardian until you qualify with the county surrogate. You must qualify within 30 days of the judgment. To qualify: Sign papers from the county surrogate, including an Acceptance of Guardianship.

The person who wants to be the new guardian would file a Petition for Appointment of Successor/Co-Guardian. The guardian can voluntarily resign if they no longer want to be the guardian. The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed.

(g) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the disabled or protected person's incapacity and the appointment of the guardian or conservator.

You must prove to the court that the guardianship is no longer necessary. This might seem like an easy standard to meet, but many courts also consider whether ending the guardianship is in ?the best interests of the child.? In Indiana, it is presumed that a natural parent is the best custodian of a child.