Helping Clients in Carmel, Noblesville, Indianapolis and the Surrounding Communities Seek Guardianship for a Loved One
Are you in need of an experienced Indiana Guardianship Attorney? The attorneys at Dollard Evans & Whalin are here to discuss your options with you.
Guardianship of a Minor
There are two common times guardianships are used. Guardianships are a natural legal tool to authorize a third party to care for a child.
A guardianship of a minor occurs where someone other than the parent has legal custody and control over a child. The guardian would then have the right to make all decisions concerning the child. If you are a parent considering giving guardianship of your child to someone else, it’s important for you to know that when you give someone else guardianship of your child, you will not be able to make any decisions concerning your child until that guardianship is terminated.
When Do Guardianships Terminate in Indiana?
For a minor, the general rule is that the guardianship will last until the child turns 18, as that is when minors are considered adults. The Court can also end the guardianship before then.
It is important to note that if you are the parent of a special needs child, you will need to obtain a guardianship for the child starting when they reach the age of 18. Otherwise, because your child will be an adult, you will not be able to make decisions on their behalf, or to see their medical records, without being granted guardianship.
Guardianship of an Adult
A guardianship can also be established for an incapacitated adult. Under Indiana Law, an incapacitated person is defined as is unable: (A) to manage in whole or in part the individual’s property; (B) to provide self-care; because of insanity, mental illness, mental deficiency, physical illness, infirmity, habitual drunkenness, excessive use of drugs, incarceration, confinement, detention, duress, fraud, undue influence of others on the individual, or other incapacity; or (3) has a developmental disability.
How is a Guardianship in Indiana Obtained?
Obtaining a guardianship in Indiana is usually started by filing a Petition for Guardianship with the Court. Along with the filing of the petition for guardianship will include things like a physician’s report, an oath to take guardianship, instructions of guardianship, information about the proposed guardian, and information and asset information about the proposed ward for whom the guardianship is sought.
Do I really need a guardianship or will a power of attorney work?
A power of attorney is a great tool to use, however it is important to understand that a power of attorney can be revoked at any time, while a guardianship would involve court proceedings, and would require a court to modify the order granting the guardianship of the person.
If you would like to discuss the possibility of obtaining a guardianship, contact the attorneys of Dollard Evans & Whalin to meet with one of our Indiana Guardianship Attorneys for a consultation regarding guardianship of an adult.
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