Top Six Questions To Ask Before Becoming A Guardian In Indiana

How Much Time And Commitment Does Guardianship Involve?

This is probably the most important question you can ask yourself before agreeing to become a guardian. The time and commitment required for guardianship vary significantly depending on the specific circumstances. 

For a minor, guardianship involves duties similar to those of a parent, depending on the child’s age and needs.For an incapacitated adult, the level of commitment depends on whether the individual lives in an institution or with the guardian, and the severity of their condition. 

In any case, guardians are responsible for the physical care of the person, either directly or by hiring help, and must manage financial matters meticulously. This includes maintaining separate financial accounts, tracking expenditures, and regularly consulting with an attorney to ensure compliance with court requirements.

What Are The Costs Associated With Guardianship?

The costs of establishing guardianship primarily include legal fees and filing fees. In Indiana, the filing fee for guardianship is notably high, and legal fees can vary significantly depending on the location, with larger urban areas generally having higher costs than rural areas. 

Beyond the initial legal expenses, guardians must also consider the ongoing financial costs related to the care and protection of the ward. These costs can include expenses for independent care, institutionalization, schooling for minors, and any ongoing medical needs that require payment.

What Are The Potential Challenges Of Being A Guardian In Indiana?

The first major challenge in establishing guardianship is convincing the court of its necessity, which might involve overcoming objections from the incapacitated person. 

This process is significant because guardianship involves asking the court to declare someone incapacitated, effectively removing certain fundamental rights, such as autonomy and the freedom to make personal decisions. As a result, the court must carefully consider the extent of the incapacitation and tailor the guardianship’s scope to ensure it isn’t more restrictive than necessary.

Once appointed, guardians face ongoing challenges, including maintaining separate finances, managing the ward’s benefits, ensuring their health and financial needs are met, and keeping the court updated on the ward’s condition. 

Regular reporting to the court is crucial, as is monitoring any changes in the ward’s condition that might affect the scope of the guardianship.

Thomas Scifres of Thomas E. Scifres PC in Indiana has extensive experience guiding clients through the complexities of guardianship. His hands-on approach helps clients navigate the legal and financial responsibilities that come with this important role, ensuring compliance with Indiana law. Thomas has successfully assisted many individuals in managing the guardianship process, from establishing guardianship to fulfilling ongoing duties like financial management and court reporting.

If you're considering becoming a guardian, Thomas Scifres can provide the legal expertise and support needed to make informed decisions and avoid potential pitfalls.

What Alternatives To Guardianship Are Available In Indiana?

In Indiana, there are several alternatives to guardianship. The most common option is a power of attorney (POA). A General Durable Power of Attorney allows a person to appoint another to manage their finances and assets. 

Similarly, an Indiana Advanced Directive allows an individual to appoint someone to make medical decisions on their behalf. These alternatives are useful as long as the individual retains the capacity to make such appointments.

Another alternative is a protective order, which the court can use for specific, limited purposes. For example, instead of establishing full guardianship, a court might issue an order to manage settlement proceeds through an annuity, providing long-term financial security without the need for ongoing guardianship oversight. While these alternatives can be effective, they might not fully replace the need for guardianship, especially if the individual’s capacity diminishes significantly.

What Are The Consequences Of Failing In Guardianship Duties In Indiana?

Failing to fulfill guardianship duties in Indiana can lead to serious consequences. Firstly, the court may remove the guardian and appoint a new one if it finds that the current guardian is not complying with legal requirements or court orders. 

Secondly, the court may impose sanctions, such as holding the guardian in contempt of court for non-compliance. Lastly, in some cases, the court may terminate the guardianship altogether if it deems it necessary due to the guardian’s failure to meet their responsibilities.

How We Support Clients Like You

From the outset, I emphasize to my clients the gravity of establishing guardianship, as it involves asking the court to declare someone incapacitated and limit the freedoms they’ve come to know. 

We start by thoroughly explaining the responsibilities that come with guardianship, particularly the financial duties, and the necessity of maintaining accurate and separate accounting records. Indiana law requires guardians to report to the court at least every two years, but I advocate for annual reports to ensure consistent oversight.

In the first year, I insist on regular updates from clients, reviewing their financial information after three to six months to prepare a preliminary report. This proactive approach helps them become familiar with the reporting process and ensures compliance with court requirements. 

Providing them with a sample accounting and guiding them through the first year is how I best set them up for success and minimize the risk of future sanctions or issues with the court. After this initial period, they can choose to manage the process on their own, but I ensure they are well-prepared before stepping back.

Still Have Questions? Ready To Get Started?

For more information on Questions To Ask Before Becoming A Guardian, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (812) 359-8007 today.