In this article, you can discover…
Generally, there are three key players who will be involved in transferring guardianship. The first party will either be a minor or an incapacitated adult who requires guardianship. The remaining two parties will include the appointed guardian and the court, who play equally pivotal roles.Â
A guardian is responsible for overseeing an appointed party and their assets as ordered by the court. The court will determine the terms of the guardianship, but Indiana law states that guardianship is required so long as the party in question remains either under the age of 18 or is incapacitated. Likewise, supervision from the court will be required as long as the guardianship is in effect.
The jurisdiction surrounding guardianship depends on the state of residency, meaning that the courts will lose jurisdiction if a guardian moves out of the state. For instance, if a guardian moves out of Indiana, all three key players will no longer exist in the same state. In this case, it would be necessary to change guardianship.
Transferring guardianship in Indiana follows a fairly simple procedure, where all that is required is drafting and signing a petition to the court requesting that a successor be appointed when the time comes. Additionally to relocating, successors will need to be appointed if a guardian should become sick or incapacitated.Â
Along with your petition, you will need to communicate the terms of the guardianship with the court and provide documentation of the change of circumstances that require a new guardian to be appointed.Â
It may prove difficult for the court to find someone who is willing and able to take over guardianship, despite their relationship and care for the incapacitated party. If no one is willing to step forward and take responsibility, the courts may have to appoint professional services to serve as a guardian, which can be a tricky situation. These entities are generally more focused on financial gain over providing proper care, so this is certainly not an ideal scenario.
It is wise to get a head start on considering who should serve as a successor so that you can discuss your decision with your attorney and begin the process of setting up paperwork. This will ensure that you are prepared for a smooth transition of guardianship when the time comes. The earlier you discuss guardianship options with your attorney, the more likely you will experience a seamless transfer.
Not only is this possible, but it is fairly common, as most states have adopted a Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. This law was offered to all states to put provisions in place for participating courts in different jurisdictions to transfer guardianship across state lines when move-in residencies are required.
This uniform law was put into place to ensure conflicting guardianship laws in different states do not prevent the administration of guardianship across state lines. Guardianship laws in different states have historically led to difficulties in administration, so uniform laws were enacted to allow for smoother transfers of guardianship across state lines. Not only is Indiana included among the states that have adopted the Uniform Interstate Act, but my firm has actually participated in guardianship transfers between Indiana and other states.
Transferring guardianship across state lines generally involves four steps. These steps include:
Once the official transfer order is issued, the original state’s court will issue a final acceptance of the transfer of guardianship. While the process can certainly be more intricate, many aspects of the transfer include similar paperwork to that of a traditional transfer of guardianship.
The courts generally base this decision on the same standard used to establish the initial guardianship. The standard in question is simply a matter of whether or not guardianship is necessary, which will likely be revisited for a transfer of guardianship even if the original guardianship determined so.Â
While this decision will be reevaluated, the process will be very simple. The court will simply need to determine whether or not the prospective new guardian meets the qualifications required for the initial guardian. This process may include background checks and financial audits to assess the qualifications of the guardian in question.
Once the court has determined that there is a need for guardianship over an incapacitated person, the guardian is officially obligated to work with the courts to ensure that the proper protections are in place to provide guardianship over the assets of the incapacitated party. Guardianship may be temporarily transferred in Indiana so that successor guardians or standby guardians are available to ensure that there is no lack of guardianship.
Indiana public policy seeks to minimize the imposition of guardians on incapacitated persons, meaning that the courts will assess the qualifications of a new guardian as well as determine whether guardianship should be scaled back.Â
The courts will also look into any issues or hangups involved with the requested transfer that may cause delays in, or terminations of, the transfer process. According to Indiana law, certain persons may be deemed unfit for guardianship based on past convictions or criminal records. If someone is not properly vetted prior to being put forth as a successor, they will be found ineligible to serve if further investigation into their background yields unfavorable results.
The most complicated legal issues with guardianship transfers are often found in the statutes surrounding certain prohibitions based on the conviction of certain crimes. This can commonly cause issues and slow down the process of guardianship transfer for candidates who would otherwise be seen as eligible.
I once worked with a family where the child was found to have a congenital heart defect when she was in middle school. Despite receiving a heart transplant by the time she graduated high school, her symptoms soon returned, and she went into heart failure in her early twenties. Even though the child was then an adult, her medical situation required someone else to step in and assume control.
I filed a petition with the parents for an emergency guardianship without a hearing to ensure that immediate action would be taken. It is important to take action quickly when an emergency guardianship is required for someone who has suddenly become incapacitated. However, keep in mind that emergency guardianships are temporary and can only last up to 90 days. In this situation, it was crucial to immediately grant authority to the parents to handle a potentially irreversible health event. We can always address any concerns or objections after the fact.
The area of the law was created to preserve and protect as much autonomy and integrity as possible for those who have been deemed incapacitated. The unfortunate reality is that a court’s declaration of incapacity generally means that a person is losing their individual freedoms and liberties. This runs the risk of compromising someone’s personal dignity, which is something we generally don’t take into account.
Indiana law stipulates that both courts and guardians must seek to protect the individual growth and development of incapacitated parties while also exploring ways guardianship can be minimized as much as possible.Â
Using creative means to create plans that safeguard the dignity and integrity of others is a rewarding challenge, as you are playing a key part in enriching the lives of every client.
The more seriously you take your role in the success of these parties, the more rewarding this line of work becomes.
For more information on How To Transfer Guardianship In Indiana Explained, a free initial consultation is your next best step. Get in touch with Thomas E. Scifres by calling (812) 359-8007 today.