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A guardian in Indiana is a person appointed by the court to act on behalf of someone deemed incapacitated to some extent. The guardian serves as a fiduciary, meaning they have the highest legal duty to act solely in the best interests of the protected person, rather than their own. This role involves managing the individual’s affairs and ensuring their well-being.
In Indiana, guardianships can be categorized in several ways:
A full guardianship grants the guardian complete control over the protected person’s affairs. A limited guardianship restricts the guardian’s authority to specific areas, such as personal care or financial management.
This type is for individuals who, due to physical or mental impairments, are deemed unable to care for themselves. The guardian is responsible for the personal well-being of the protected person.
This applies when a person is unable to manage their finances or assets, often due to mental limitations. The guardian is tasked with managing the protected person’s financial affairs.
In urgent situations, a court can grant a temporary guardianship, allowing immediate action when there isn’t time to obtain consent or hold a full hearing. This type of guardianship is short-term and automatically terminates after a brief period unless reviewed and converted to full guardianship by the court.
In Indiana, a guardian’s primary responsibilities involve taking reasonable and necessary actions to protect the well-being of the protected person and/or their assets. Specific duties may include:
Guardians must ensure the physical and mental well-being of the protected person, including managing their day-to-day needs and opportunities.
For minors, guardians are required to maintain sufficient contact to understand the minor’s capabilities, limitations, needs, and overall health.
Thomas Scifres of Thomas E. Scifres PC in Indiana is a trusted attorney with extensive experience guiding clients through the complexities of guardianship law. Having helped numerous families and individuals establish and manage guardianships, Thomas understands the legal responsibilities and emotional weight that come with protecting a loved one’s well-being. His deep knowledge of Indiana’s guardianship process ensures that clients receive the support and guidance they need to navigate each step with confidence.
If you’re considering guardianship, contact Thomas E. Scifres PC for expert assistance tailored to your unique situation.
Guardians must responsibly apply any income available to support and protect the protected person, particularly minors, to meet their current needs.
Guardians must report the physical and mental condition of the protected person to the court as ordered, but no less than every two years.
Upon termination, guardians must follow all legal procedures related to ending the guardianship.Â
To establish guardianship in Indiana, several key legal documents are required. These documents help establish the need for guardianship and ensure the guardian is properly appointed and accountable under the law.
This is the formal request to the court to establish guardianship, whether full or limited. The petition must be verified, meaning it is sworn under oath with penalties for perjury.
Medical records or reports from a physician are typically submitted to support the claim of incapacity. While not always required, such documentation is important in cases where the incapacity isn’t immediately obvious to the court.
Once appointed, the guardian must submit an oath affirming their commitment to fulfilling their duties responsibly.
The appointed guardian must register with the Indiana Guardianship Registry, which tracks guardianships and ensures compliance with reporting requirements across the state.
Indiana guardianship can indeed be shared among family members, and sometimes even with non-family members, though this is less common. Co-guardians must work together cooperatively, as both will bear equal responsibility for the care and decision-making related to the person or their property. Clear communication and collaboration are crucial to fulfilling these duties effectively.
It’s possible to establish guardianship in Indiana without an attorney, but it is not recommended. Guardianship involves complex legal responsibilities and ongoing duties, making legal counsel highly advisable. Although you can legally represent yourself in court, the guidance of an attorney can help you navigate the process more effectively and ensure you meet all legal obligations.
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Thomas Scifres of Thomas E. Scifres PC in Indiana is a trusted attorney with extensive experience guiding clients through the complexities of guardianship law. Having helped numerous families and individuals establish and manage guardianships, Thomas understands the legal responsibilities and emotional weight that come with protecting a loved one’s well-being. His deep knowledge of Indiana’s guardianship process ensures that clients receive the support and guidance they need to navigate each step with confidence.
If you’re considering guardianship, contact Thomas E. Scifres PC for expert assistance tailored to your unique situation.
