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When determining the need for guardianship for an adult with a disability, the court considers two key factors:
The court evaluates how the disability affects the adult’s ability to care for themselves, particularly in maintaining their health and safety.
If the disability significantly interferes with the adult’s ability to care for themselves, the court will likely appoint a guardian. However, the guardianship will be limited as much as possible to preserve the individual’s freedoms while ensuring their well-being. This ensures that the guardianship addresses only the necessary areas where the adult needs support.
The process for obtaining guardianship for an adult with disabilities in Indiana follows the same steps as any guardianship. It goes to ensure that the court has sufficient information to make a decision that best protects the interests of the adult with disabilities. The process includes:
The individual seeking guardianship must file a petition with the court, outlining the need for guardianship.
Supporting evidence, such as a doctor’s report or medical records, must be submitted to demonstrate the adult’s incapacity and need for a guardian.
A hearing will be held where the judge may interview the adult and evaluate the nature and extent of the disability. The judge will assess whether guardianship is necessary and to what degree it should be imposed.
A guardian for an adult with disabilities is responsible for ensuring the individual’s healthcare and medical needs are met, but they are not required to provide the care directly. Instead, the guardian’s role involves:
The guardian ensures the person receives necessary medical treatment and care, which may involve coordinating with healthcare providers, making medical decisions, and overseeing their well-being.
If the guardian is unable to provide direct care, they can hire professionals, such as caregivers, medical staff, or rehabilitation services, using the guardianship funds to address the individual’s needs.
The guardian may also arrange for the individual to be placed in an institution or care facility if necessary, ensuring they receive appropriate ongoing care and supervision.
The living arrangements of an adult with disabilities under guardianship depend largely on the nature and extent of the disability. There are several possible scenarios, including:
If the individual is physically capable of caring for themselves but has an intellectual impairment affecting financial decisions, they may still live independently. In such cases, guardianship may be limited to managing their estate or finances while the person continues to reside in their own home. Daily check-ins or close proximity to the guardian are common in these situations to ensure their well-being.
In some cases, the individual may live with the guardian, especially when more frequent support or supervision is needed. This is often seen when the guardian is a family member living nearby.
For more severe disabilities, where the person cannot care for themselves, the guardian may decide to place them in a group home, assisted living, or a nursing home. These decisions are based on the level of care needed, the individual’s condition, and the potential for improvement or further decline.
Thomas Scifres of Thomas E. Scifres PC in Indiana has extensive experience representing clients in guardianship matters, especially when it comes to securing the well-being of adults with disabilities. His thorough understanding of Indiana law, combined with a personalized approach to each case, has helped numerous families navigate the complexities of guardianship while maintaining their loved one’s independence.
Thomas has successfully guided clients through court hearings, medical evaluations, and the legal responsibilities involved, ensuring that each guardianship is appropriately tailored to the needs of the individual in question. Contact him for assistance and guidance with a guardianship today.
In Indiana, an adult with disabilities retains only the rights not specifically removed by the court. When someone is placed under guardianship, the court carefully limits the guardian’s authority to encourage as much independence and personal liberty as possible for the individual. Courts are required by law to tailor guardianship orders to only cover the necessary areas where the person needs support.
Additionally, regular reports must be filed with the court, covering not only financial matters but also the physical and mental condition of the individual. Although reporting every six months is standard, courts may require more frequent updates or appoint a guardian ad litem—an independent third party—to assess whether the guardianship should continue or if modifications are needed. Though the law mandates a guardian ad litem in every case, this requirement is often not followed due to financial constraints.
The court ultimately retains oversight and may adjust the guardianship as needed to balance the individual’s needs with their right to maintain personal freedoms.
Guardianship for an adult with a disability can be modified or terminated if circumstances change. Ideally, the guardian, who has a fiduciary duty to act in the best interest of the individual, would voluntarily seek to limit or end the guardianship if the individual’s condition improves or no longer requires such oversight.
If the guardian does not pursue modification or termination, the court can step in. A guardian ad litem may be appointed to assess the ongoing need for guardianship, and the court may increase reporting requirements to closely monitor the individual’s condition. The court also has the authority to review and impose limitations on the guardianship to ensure it remains as narrow as necessary, promoting the individual’s independence and well-being.
These checks and balances ensure that the guardianship isn’t overly restrictive and that the individual’s personal growth and autonomy are prioritized whenever possible.
Handling guardianship cases involves more than just navigating the legal process; it’s about protecting the rights and well-being of a vulnerable individual. From my initial consultation with a potential client, I emphasize the seriousness of what guardianship entails—potentially limiting their autonomy and individual liberty. This is a weighty responsibility, and I make it clear to my clients that this isn’t just a legal proceeding but a matter that impacts a loved one’s life deeply.
I’m committed to only representing those whose motives are clear and genuinely in the best interest of the person in need. My commitment extends to ongoing education and cooperation with the guardian to ensure they fulfill their fiduciary duties, especially in financial reporting and safeguarding the assets and well-being of the incapacitated person. This approach is deeply personal to me because I believe in the importance of protecting those who are most vulnerable in our society.
For more information on Guardianship For Adults With Disabilities, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (812) 359-8007 today.
Thomas Scifres of Thomas E. Scifres PC in Indiana has extensive experience representing clients in guardianship matters, especially when it comes to securing the well-being of adults with disabilities. His thorough understanding of Indiana law, combined with a personalized approach to each case, has helped numerous families navigate the complexities of guardianship while maintaining their loved one’s independence.
Thomas has successfully guided clients through court hearings, medical evaluations, and the legal responsibilities involved, ensuring that each guardianship is appropriately tailored to the needs of the individual in question. Contact him for assistance and guidance with a guardianship today.
