A guardianship attorney in Indianapolis helps families obtain legal authority to protect a loved one who can no longer safely manage financial or healthcare decisions.
This includes guiding you through Indiana’s court process, preparing required documentation, presenting medical evidence, and ensuring the guardianship is structured as narrowly and appropriately as the law requires. An experienced Indiana guardianship lawyer can also help you understand your ongoing duties so you can act responsibly and in your loved one’s best interest.
When someone can no longer make safe or informed financial or healthcare decisions, guardianship may become part of the conversation. At Dillman & Owen Estate & Elder Law, our Indianapolis guardianship attorneys help families throughout Indiana understand whether guardianship is appropriate and guide them through the legal process with care and clarity.
What Is Guardianship Under Indiana Law?
Guardianship is a court-supervised legal arrangement in which a judge appoints an individual to make decisions for someone who is legally determined to be incapacitated. The appointed person is called the guardian, and the individual receiving protection is known as the ward.
Indiana law requires that guardianship be tailored to the individual’s needs. Courts are directed to use the least restrictive alternative, meaning the guardian’s authority should extend only as far as necessary to protect the person. In some cases, this results in a limited guardianship that preserves certain rights while providing needed support. Guardianship may involve:
- Guardian of the person, with authority over healthcare and personal decisions
- Guardian of the estate, with authority over financial matters
- Or both, depending on the circumstances
Because guardianship can limit certain legal rights, Indiana courts require clear evidence and formal findings before appointing a guardian.
When Is Guardianship Appropriate?
Families often explore guardianship after noticing patterns such as unpaid bills, unsafe financial decisions, vulnerability to exploitation, or difficulty understanding medical treatment options. Common situations include:
- An elderly parent experiencing dementia or cognitive decline
- An adult with developmental disabilities reaching age eighteen
- A vulnerable adult without valid powers of attorney in place
- A minor who inherits significant financial assets
An experienced Indianapolis guardianship attorney can help determine whether guardianship is necessary or whether existing documents such as durable powers of attorney provide sufficient authority.
Financial Guardianship Responsibilities
If appointed guardian of the estate, you are responsible for managing the ward’s financial affairs in accordance with Indiana law. This may include paying expenses, managing accounts, preserving assets, and filing required reports with the court.
Guardians of the estate must submit an inventory and periodic accountings to the court. These safeguards are designed to protect the ward’s interests and ensure transparency. Working with an Indiana guardianship lawyer can help you fulfill these duties properly and reduce the risk of mistakes.
Healthcare Guardianship Responsibilities
A guardian of the person may be authorized to make healthcare and personal care decisions. This can include consenting to treatment, coordinating with providers, and determining appropriate living arrangements.
These decisions are rarely simple. A thoughtful approach considers not only legal authority, but also the ward’s dignity, preferences, and long-term well-being.
The Guardianship Process in Indianapolis and Throughout Indiana
To establish guardianship, a petition must be filed with the appropriate Indiana court. The process typically involves medical evidence of incapacity, notice to interested parties, and a hearing before a judge. The court will evaluate whether guardianship is necessary and, if so, what scope of authority is appropriate.
In some cases, disputes may arise regarding who should serve as guardian or whether guardianship is warranted. Legal guidance helps ensure the process complies with Indiana law and remains focused on the best interests of the individual.
Dillman & Owen Estate & Elder Law: A Holistic Approach to Guardianship
Guardianship decisions do not exist in isolation. They often intersect with estate planning, special needs planning, long-term care considerations, and family dynamics. A holistic approach looks at the full picture rather than addressing one issue at a time.
Before pursuing guardianship, it is important to evaluate all available options and determine what level of protection is truly necessary. Sometimes court involvement is required. Sometimes other planning tools may be sufficient.
If you are considering guardianship in Indianapolis or elsewhere in Indiana, the team at Dillman & Owen Estate & Elder Law can help you understand your options and take the next appropriate step with clarity and care. Contact us today to get started.
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