GUARDIANSHIP
Guardianship can become a necessary tool for an individual to legally assist a loved one who is unable to care for themselves. These situations typically arise when an individual ages and develops dementia or another medical issue that renders them incapable of making proper decisions on their behalf. A guardianship is also necessary when a disabled child turns eighteen years of age and requires an individual to handle their affairs because of a medical disease or defect that has rendered them to be a legally incapacitated person. Sometimes an individual is a minor child who does not have an adequate parent, due to death of a parent or addiction issues, and needs to have another person appointed as their legal guardian to allow that individual to enroll them in school, provide proper health care, and assist them in their everyday needs.
To be appointed as a guardian, an individual must petition the Court and show that the person whom they are seeking guardianship over is an incapacitated person. This proceeding requires a hearing, typically held in the local probate court of the county in which the incapacitated person resides. An individual can be appointed as a guardian of the person, allowing them to make decisions related to the incapacitated person's health care, residency, and living arrangements. An individual could also be appointed as a guardian over the estate of an incapacitated person allowing them to handle the financial affairs of the incapacitated person. An individual can also be appointed as both the guardian of the person and estate or solely as a guardian of the person or guardian of the estate. An individual who is alleged to be incapacitated has a right to notice of the proceedings and to contest the allegation that they are in fact an incapacitated person.
It is important to discuss your guardianship options with an experienced attorney who can help you navigate the process. It is important that all individuals who are required notice of these proceedings be notified. Please contact my office at 317-787-8395 to discuss your options in regards to obtaining a guardianship.