Guardianships
Indiana Guardianship Lawyer
We represent clients in Porter County, Lake County, LaPorte County, Jasper County, Newton County and the surrounding towns, areas and counties – call TODAY for help!
We assist clients in establishing guardianships for minor children and / or incapacitated adults. Sometimes the guardianship is only of the person; sometimes it is only of the person’s property; and sometimes both. The courts try to order the least restrictive form of guardianship, and we can help in the process.
Understanding Guardianships in Indiana
Guardianships play a crucial role in ensuring the well-being and protection of individuals who may be unable to make decisions for themselves. In the state of Indiana, the legal framework surrounding guardianships is designed to balance the protection of vulnerable individuals with respect for their autonomy. We can help you understand guardianships – including the process, responsibilities, and key considerations.
A guardianship is a legal arrangement where a court appoints an individual, known as a guardian, to make decisions on behalf of another person, referred to as the ward. This arrangement is typically sought when the ward is incapacitated, either due to age, mental illness, disability, or other factors that render them unable to manage their personal and financial affairs.
Types of Guardianships
Guardianship of the Person – In this type, the appointed guardian is responsible for making decisions related to the ward’s personal care, living arrangements, and healthcare.
Guardianship of the Estate – This involves decisions related to the ward’s financial affairs, assets, and property.
Limited Guardianship – The court may grant specific powers to the guardian, leaving the ward with as much independence as possible.
Initiating the Guardianship Process
The process typically begins with the filing of a petition by an interested party, such as a family member or concerned individual.
Petition for Guardianship
The process typically begins with the filing of a petition by an interested party, such as a family member or concerned individual.
The petitioner must provide evidence of the ward’s incapacity and the necessity for a guardianship.
Investigation and Evaluation
The court may appoint an investigator or guardian ad litem to assess the ward’s condition and the necessity of guardianship.
Medical, psychological, and financial evaluations may be conducted.
Notice and Hearing
Notice of the guardianship proceedings must be given to the ward and other interested parties. A hearing is conducted, allowing interested parties to present evidence and arguments.
Guardian’s Duties and Responsibilities
Duty of Care – guardians must act in the best interests of the ward. Decisions should be made with the ward’s preferences and values considered when known.
Reporting Requirements – guardians must submit regular reports to the court, detailing the ward’s condition, financial status, and any significant changes.
Accountability – guardians are accountable for any misuse or mishandling of the ward’s assets.
Termination and Modification of Guardianship
Review Hearings
Periodic review hearings may be scheduled to assess the ongoing necessity of the guardianship.
Termination or Modification
If the ward regains capacity or circumstances change, the court may modify or terminate the guardianship.
Indiana Guardianship Attorney
Navigating the complexities of guardianships in Indiana requires a thorough understanding of the legal process and the responsibilities associated with being a guardian. Guardianship attorneys play a pivotal role in ensuring the protection and rights of vulnerable individuals while upholding the principles of justice and fairness within the state’s legal framework.