Guardianships are generally subject to the ongoing supervision of the court where the guardianship was first established. Occasionally, someone who has been granted guardianship by the probate court in one state needs to transfer the guardianship to another state. This generally happens for one of two reasons: (1) the guardian and incapacitated person move to that other state; or (2) there needs to be a new guardian appointed because the incapacitated person is going to move, but the current guardian is not. The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act-adopted by Indiana and most other states-provides a uniform set of rules to simplify this process. This Act was first adopted by the National Conference of Commissioners for Uniform State Laws at its 2007 annual meeting and presented for adoption…Read More
Child custody is often the stickiest issue in family law cases. The custody determination impacts both parents in very personal ways. If you are facing a divorce or paternity lawsuit, you probably share some of these concerns: Wouldn’t I be the better parent? Will my relationship with my child suffer if I don’t custody? Living on my own will be a financial strain, if I don’t get custody, will I also have to pay support? I want my child to be raised in the church, and that won’t happen if I don’t get custody I want to be the one making dental and medical decisions for my child. If these areas of concern resound in your heart, you are not alone. As attorneys, we hear statements like these in most…Read More
From a legal standpoint, every personal injury case has two main issues: (1) liability; and (2) damages. Your attorney will be evaluating both of these issues at all phases of representation, starting from the moment you have your initial meeting. The “liability” aspect of the case is concerned with, “who is at fault?” It is answering the necessary question of who caused the incident. In this part of the evaluation, you must consider whether it is just one person (or business) who is at fault, or are there others, including yourself, that a jury might conclude to be responsible for causing the incident? As a modified comparative fault state, Indiana allows a jury to apportion percentages of fault to all of the parties and nonparties named in the action. The recovery against…Read More
DOG-OWNER LIABILITY IN INDIANA According to the Humane Society of the United States, pet ownership has tripled in our country since the 1970’s, and as of 2012, 62% of all American households now own pets. Of those, 47% own at least one dog. (Pets By the Numbers, Humane Society of the United States, January 20, 2014). So, with essentially half the households having dogs, an overview of the law on dog-owner liability is worth a review. Let’s start with the common law principles of negligence. Many people are familiar with the old adage that “every dog gets one free bite.” To illustrate, imagine this scenario: to shed a few pound you pick up over the holidays, you start jogging along a local public walking trail. You aren’t alone; you see that…Read More
– INDIANA COURT OF APPEALS RULES THAT NEW EVIDENCE MUST BE PRESENTED TO JUSTIFY RE-ISSUANCE OF PROTECTIVE ORDER AFTER IT EXPIRED In Indiana, under the Civil Protective Order Act under I.C. § 34-26-5, a local trial court can issue a domestic order of protection (often referred to as a “protective order”) under procedures and for reasons specific to domestic relations cases. It specifically states: IC 34-26-5-1 Prevention of domestic and family violence This chapter shall be construed to promote the: protection and safety of all victims of domestic or family violence in a fair, prompt, and effective manner; and prevention of future domestic and family violence. IC 34-26-5-2 Persons eligible to file petition for order of protection; petition on behalf of a child; prohibition on mutual orders; jurisdiction for order sought against…Read More
In today’s world, it is increasingly common for kids to be raised other than biological parents. Sometimes this is done informally. This is most common when parents get sick, become incarcerated, cope with addiction issues, or simply are having a difficult time serving as parents. They may reach out to their own parents, other relatives, or trusted friends to take their kids in. In many cases, no one seeks legal advice or turns to the court system in the process. It just happens. The kids pack their clothes and personal items and sleep at someone else’s place. Nothing else really changes other than where they sleep at night. This may work without incident, but it can be problematic when medical treatment, school issues, or legal problems arise with these children. The biological…Read More
These days we are seeing an increase in the need for guardianships. There are several factors that possibly contribute to this. One factor is that through medical advancements people generally are living longer. In many cases, extended life does not equate to extended quality of life, or extended capabilities. It is only an extended life. Many who are living longer don’t have the physical and mental means to continue life as they had in the past, so they need help. A related factor is the aging of the “baby boom” generation. Most are aware that following the end of World War II, there was an unprecedented surge in new births in America when young men returned from the war. People born in those years are referred to as the “baby boomers.” Those…Read More
Many clients will schedule an appointment, stating that they want to talk about setting up a will or a trust to plan for the future. They often cite the desire to make sure their “things are in order” or to make sure that “there are no problems” when they are gone. Making known your wishes and minimizing complications are appropriate and laudable goals. However, I feel compelled to point out two truths: (1) no legal document can prevent problems among heirs – no matter how simple or complex; and (2) end-of-life documents are not the only tools you should consider. In this article, I will provide a very brief overview of four simply planning documents: The Last Will and Testament, the Living Will; the General Durable Power of Attorney; and…Read More
