Indiana § 29-3-5-4 - Considerations for appointment of guardian
Full text of Indiana Indiana Code § 29-3-5-4 — Considerations for appointment of guardian, with citation guidance and answers to common questions.
§ 29-3-5-4. Considerations for appointment of guardian
Sec. 4. (a) The court shall appoint as guardian a qualified person or persons most suitable and willing to serve, having due regard to the following:
(1) Any request made by a person alleged to be an incapacitated person, including designations in a durable power of attorney under IC 30-5-3-4(a).
(2) Any request made for a minor by:
(A) a parent of the minor; or
(B) a de facto custodian of the minor, including a designation in a power of attorney under IC 30-5-3-4(b) or IC 30-5-3-4(c).
(3) Any request contained in a will or other written instrument.
(4) A designation of a standby guardian under IC 29-3-3-7.
(5) Any request made by a minor who is at least fourteen (14) years of age.
(6) Any request made by the spouse of the alleged incapacitated person.
(7) The relationship of the proposed guardian to the individual for whom guardianship is sought.
(8) Any person acting for the incapacitated person under a durable power of attorney.
(9) The best interest of the incapacitated person or minor and the property of the incapacitated person or minor.
(b) In addition to subsection (a), section 4.1 of this chapter applies when a prospective guardian is a person with a disability.
As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.7; P.L.149-1991, SEC.3; P.L.190-2016, SEC.39; P.L.194-2017, SEC.7; P.L.146-2021, SEC.1.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 29-3-5-4
What does Indiana Code § 29-3-5-4 cover?
Section 29-3-5-4 ("Considerations for appointment of guardian") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 29-3-5-4?
A common citation format is "Indiana Code § 29-3-5-4" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 29-3-5-4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.