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Guardianship Venue

Pop Quiz for May 27, 2015 The Story: Dad has ALS (Lou Gehrig’s disease) and he is in need of a guardian. Dad resides in Porter County. Dad is visiting his daughter Sarah, who lives in Lake County when he falls and injuries himself. Question: What is the proper county where the guardianship proceeding should be filed? Answer: Porter County, however, there are qualifications. See IC 29-3-2-2 (a). The venue (proper county) for the appointment of a guardian is the county where the alleged incapacitated person or minor resides. However, if the proceeding is for the appointment of a temporary guardian of the person only (not to include his estate) for an alleged incapacitated person or minor who is in need of medical care, the proceedings can be filed in the county where a facility is located that is providing or attempting to provide medical care to the alleged incapacitated person or minor. See IC 29-3-2-2 (a).

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