As your parents age, you may notice the signs of physical and/or mental deterioration. You may even reach a point at which you are concerned that a parent cannot safely remain alone without some type of supervision and/or cannot safely make financial decisions. Adult guardianship may be the best option if you are concerned about your parent’s physical, emotional, or financial safety. In Indiana, the guardianship process is designed to protect the rights and well-being of vulnerable adults, meaning there are specific steps that must be completed to legally be appointed as your parent’s guardian. The Indianapolis attorneys at Frank & Kraft offer an overview of adult guardianship in Indiana for those considering the need to pursue guardianship over an aging parent.
What Is Adult Guardianship in Indiana?
Adult guardianship is a legal process where a court appoints an individual or entity (the guardian) to make decisions for another person (the ward) who is deemed incapable of managing their own affairs due to incapacity or disability. In Indiana, adult guardianship is primarily regulated by the Indiana Code Title 29, Article 3. The primary goal of these laws is to ensure that guardianship is used appropriately to support individuals who genuinely need assistance while safeguarding their autonomy and rights as much as possible. Indiana recognizes several types of guardianship arrangements to address the varying needs of incapacitated adults, including:
- Guardianship of the Person: This type of guardianship involves making personal decisions for the ward, such as living arrangements, healthcare, and personal care.
- Guardianship of the Estate: This type of guardian focuses on managing the ward’s financial affairs, including handling income, paying bills, and managing assets.
- Plenary Guardianship: This comprehensive form of guardianship covers both personal and financial decisions.
- Limited Guardianship: In cases where the ward can make some decisions independently, a limited guardianship can be established to grant the guardian specific powers while allowing the ward to retain certain rights.
How Do I Become My Parent’s Guardian?
To become your parent’s legal guardian, you must initiate the process by filing a petition in the appropriate court of the county where the alleged incapacitated person resides. The petition must include detailed information about the individual’s condition, the proposed guardian, and the reasons why guardianship is necessary.
The court will schedule a hearing after the petition is filed and notice of the hearing must be given to the alleged incapacitated person and other interested parties, such as close relatives. The proposed ward (your parent in this case) as well as everyone entitled to notice has the right to oppose your petition. The proposed ward also has the right to attend the hearing and to be represented by an attorney. The court may require an evaluation by a physician, psychologist, or other qualified professional to assess your parent’s capacity and a court-appointed guardian ad litem or court investigator may be assigned to gather information and make recommendations regarding the need for guardianship.
At the hearing, you must present sufficient evidence and testimony that demonstrates the need for a guardian. The court is legally required to make decisions based on what is in the best interest of the proposed ward. If the court is convinced that a guardian is needed, the court will then decide if you are an appropriate person to appoint as guardian as well as decide if there should be any limits to the guardianship.
If you are appointed to be your parent’s guardian, the court will issue an official Order outlining your authority as well as any limits to your authority. As a guardian, you have a fiduciary duty to always act in the best interest of the ward. You will also likely be required to report to the court on a regular basis while acting as guardian.
Do You Need Assistance with Adult Guardianship in Indiana?
For more information, please join us for an upcoming FREE seminar. If you would like assistance with guardianship in Indiana, contact the experienced Indianapolis estate planning attorneys at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.
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