If you’re thinking about setting up guardianship in Indiana, you probably have a lot of questions. The Indiana guardianship laws can feel overwhelming, but understanding them is important when you’re trying to help someone who can’t take care of themselves.

Whether you’re looking to become a guardian for a child, an aging parent, or an adult with disabilities, you’ll need a lawyer who can navigate the legal system so you can focus on what really matters — taking care of your loved one.

What Exactly Is Guardianship?

Guardianship is a legal arrangement where someone (the guardian) is appointed by the court to make decisions for another person (the ward) who can’t make them on their own. This might happen because of age, disability, or other circumstances. The guardian may be responsible for personal decisions (like healthcare and living arrangements), financial matters, or both.

This system is designed to protect vulnerable people while making sure their needs are met. However, because guardianship involves taking legal responsibility for someone else’s life, courts take these decisions very seriously.

Different Types of Guardianship in Indiana

Not everyone who needs a guardian requires the same level of help. Some people need full support with daily care and finances, while others just need assistance in certain areas. That’s why Indiana offers different types of guardianship for different situations. Knowing your options can help you choose the right one for your loved one, and some of these are:

  • Guardianship of a Minor: If a child’s parents are unable to care for them, whether due to death, incapacity, or other reasons (like during a contentious divorce), the court can appoint a guardian to make decisions on their behalf.
  • Guardianship of an Adult: When an adult can’t manage their own affairs because of a mental or physical condition, a guardian can manage their care and/or finances.
  • Temporary Guardianship: This is a short-term arrangement, often used in emergencies when a person suddenly needs someone to act on their behalf. It typically lasts up to 90 days.
  • Limited Guardianship: In cases where the ward can handle some, but not all, of their regular responsibilities, the court may appoint a guardian with specific, limited powers as opposed to full control.

Each situation is different, so figuring out which type of guardianship makes sense for your loved one is an important part of the process.

How the Guardianship Process Works in Indiana

If you’re considering guardianship for a loved one, you might be wondering what the legal process looks like. In Indiana, getting guardianship involves several steps, from filing paperwork to attending a court hearing. Since the court wants to make sure they protect the ward’s interests, the process can take time.

The guardianship process includes the following:

  1. Filing a Petition: A person (the petitioner) must file a request with the court, explaining why the ward needs a guardian and why they’re qualified to serve in that role.
  2. Court Hearing: A judge reviews the petition, listens to any concerns from family members or other interested parties, and evaluates what would be the ideal situation for the ward. If the ward is an adult, they may express their wishes, and their wishes can hold weight when making a decision.
  3. Appointment of a Guardian: If the judge approves the petition, they then appoint a guardian, who must follow all legal requirements, including regular check-ins with the court.
  4. Ongoing Responsibilities: Guardians must provide updates to the court about both their ward’s well-being and their financial situation. If they fail to do so, they can be removed from the position.

The process can be straightforward in some cases but complicated in others, especially if there are disagreements among family members. That’s why having legal support can be crucial to successfully obtaining guardianship rights.

What Does the Court Consider When Appointing a Guardian?

Since guardianship involves handing over a person’s major decision-making power to someone other than themselves, Indiana courts carefully evaluate each case before granting it. Some key factors the court examines include:

  • The ward’s physical and mental condition
  • The petitioner’s ability to act in the ward’s interest
  • The wishes of the ward (if they can express them)
  • Whether there are less restrictive alternatives to guardianship
  • The overall impact on the ward’s well-being

If you’re applying for guardianship, be prepared to show that you’re the right person to have it, as a strong case can help speed up the process and prevent any unnecessary complications.

FAQs

Q: Can a Guardianship Be Contested?

A: Yes. If someone believes a guardianship is unnecessary or that the proposed guardian is unfit/has ulterior motives, they can challenge it in court. This often happens in family disputes or when an adult ward objects to losing their independence. A judge can review evidence from both sides before making a final decision.

Q: Do Guardians Get Paid for Their Responsibilities?

A: In some cases, it’s possible. A guardian can request compensation if the role takes them away from their paying career. However, it must be approved by the court, and it needs to be reasonable based on the time and effort required to do the job. Payment usually comes from the ward’s estate if funds are available.

Q: Can a Guardian Make Medical Decisions?

A: Yes. A guardian can make medical decisions, but it depends on the kind of guardianship that’s granted. A guardian of the person can make medical decisions, while a guardian of the estate handles financial decisions. Some guardianships cover both areas, but courts try to limit powers to only what is necessary.

Q: What Happens If a Guardian Abuses Their Power?

A: If a guardian is suspected of neglect, financial misuse, or abuse, the court can investigate and remove them from the role, if necessary. Any family members or concerned parties can report any such misconduct to the court. If wrongdoing is found, family members and other concerned parties are within their rights to pursue legal action.

Why You Need an Attorney

Guardianship is a big responsibility, and the legal process can be very confusing. From choosing the right type of guardianship to handling court paperwork, having an attorney on your side can be crucial.

At Stange Law Firm, we work with families across Indiana to make sure their guardianship petitions are handled properly and that the rights of their loved ones are protected. Contact us today for a case review.