Watching an elderly loved one succumb to Alzheimer’s, or even to the natural physical and mental deterioration that comes with aging, can be extremely difficult. Family members often become caregivers to allow the loved one to remain in his/her home; however, there may come a time when an elderly loved one needs the type of care that can only be provided in a nursing home. What can you do though if your loved one resists the move? An Indianapolis attorney at Frank & Kraft discusses getting a loved one into a nursing home by petitioning for guardianship in Indiana.
The Nursing Home Dilemma
Millions of family members and loved ones across the nation face the nursing home dilemma every day. An elderly loved one is no longer able to safely care for himself/herself and/or make sound financial decisions, and family members are unable and/or unwilling to provide round-the-clock care. A nursing home is the only realistic option, but the elderly loved one does not want to move out of his/her home. It can be agonizing for family members who do not want to push their loved one out of their home, yet they are also legitimately concerned about their loved one’s physical, emotional, and financial security. Eventually, the discussion turns to how to get the elderly loved one into a nursing home when they do not want to go.
Is Guardianship the Answer?
A guardian is a person or entity appointed by a court that is responsible for the care and supervision of a person and/or property of an incapacitated individual, referred to as the “ward.” Indiana law defines an incapacitated person as an individual who:
- Cannot be located upon reasonable inquiry.
- Is unable:
- to manage in whole or in part the individual’s property.
- to provide self-care; or
- both
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.
- Has a developmental disability (as defined in IC 12-7-2-61).
In Indiana, a guardian may be a guardian of the person or guardian of the estate, or both. A guardian of the person oversees the proper living condition and treatment for the protected person and may make decisions such as where the ward will live or what physician will treat the ward. A guardian of the estate is responsible for overseeing and managing the financial affairs of the ward and may make decisions such as what property to sell, what bills to pay or how the ward’s money should be spent.
If you are awarded guardianship of the person and estate of your elderly loved one, you would likely have the authority to have him/her moved into a nursing facility as well as the authority to pay for the facility and/or to apply for Medicaid to help cover the expense.
How Do I Get Guardianship Over an Elderly Loved One in Indiana?
To obtain guardianship over your elderly loved one you must file a petition with the appropriate court. Your loved one as well as close family members are entitled to be notified that you have filed the petition and may oppose it. The court will eventually set the matter for a hearing at which you must convince the court that guardianship is necessary. Because of the restrictive nature of guardianship, courts consider it the alternative of last resort, meaning you will only be granted guardianship if the court is convinced that a less restrictive alternative will not work. To ensure that your petition for guardianship is successful, consult with an experienced elder law attorney near you.
Do You Need Help with an Indiana Guardianship?
For more information, please join us for an upcoming FREE seminar. If you need help with an Indiana guardianship, contact an experienced Indianapolis elder law attorney at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.
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