Indiana § 29-3-5-5 - Persons entitled to consideration for appointment as a guardian
Full text of Indiana Indiana Code § 29-3-5-5 — Persons entitled to consideration for appointment as a guardian, with citation guidance and answers to common questions.
§ 29-3-5-5. Persons entitled to consideration for appointment as a guardian
Sec. 5. (a) The following are entitled to consideration for appointment as a guardian under section 4 of this chapter in the order listed:
(1) A person designated in a durable power of attorney.
(2) A person designated as a standby guardian under IC 29-3-3-7.
(3) The spouse of an incapacitated person.
(4) An adult child of an incapacitated person.
(5) A parent of an incapacitated person, or a person nominated by will of a deceased parent of an incapacitated person or by any writing signed by a parent of an incapacitated person and attested to by at least two (2) witnesses, or in a power of attorney of a living parent of an incapacitated person under IC 30-5-3-4(c).
(6) A parent of a minor, a de facto custodian of a minor, or a person nominated:
(A) by will of a deceased parent or a de facto custodian of a minor; or
(B) by a power of attorney of a living parent or a de facto custodian of a minor.
(7) Any person related to an incapacitated person by blood or marriage with whom the incapacitated person has resided for more than six (6) months before the filing of the petition.
(8) A person nominated by the incapacitated person who is caring for or paying for the care of the incapacitated person.
(b) With respect to persons having equal priority, the court shall select the person it considers best qualified to serve as guardian. The court, acting in the best interest of the incapacitated person or minor, may pass over a person having priority and appoint a person having a lower priority or no priority under this section.
(c) In addition to this section, section 4.1 of this chapter applies if a person having equal priority is a person with a disability.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.70; P.L.190-2016, SEC.40; P.L.194-2017, SEC.8; P.L.146-2021, SEC.3.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 29-3-5-5
What does Indiana Code § 29-3-5-5 cover?
Section 29-3-5-5 ("Persons entitled to consideration for appointment as a 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 § 29-3-5-5?
A common citation format is "Indiana Code § 29-3-5-5" (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 § 29-3-5-5 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.