There are many times in which a child, incapacitated adult or elderly loved one needs physically, legal, and financial protection. Because of their vulnerability and inability to make sound decisions, the assistance of a responsible adult may be necessary. In some cases a guardianship might be what is necessary to protect that individual. A “guardian” is a person appointed by the court to make decisions on behalf of someone else. The person over whom the guardianship is granted (the child or the adult) is referred to as the "ward" or “protected person.”
Here at Jarjour Law we help responsible individuals who are seeking to gain legal authority to act on an incapacitated person's behalf. We offer the legal expertise to help you through that process.
What is Guardianship?
Guardianship is a legal process utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence. Because establishing a guardianship may remove considerable rights from an individual, it should only be utilized after alternatives to guardianship have proven ineffective or are unavailable.
There are two different types of guardianships in Indiana:
Of the person - Guardianship of the person gives the guardian authority to care for a person, called the ward, by providing food, shelter, clothing, guidance and other necessities for the ward's general welfare.
Of the estate - Often called conservatorship, a conservator is appointed by a court to assist with an incapacitated person's financial affairs, including management of their assets and payment of their bills.
Here at Jarjour Law we help responsible individuals who are seeking to gain legal authority to act on an incapacitated person's behalf. We offer the legal expertise to help you through that process.
What is Guardianship?
Guardianship is a legal process utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence. Because establishing a guardianship may remove considerable rights from an individual, it should only be utilized after alternatives to guardianship have proven ineffective or are unavailable.
There are two different types of guardianships in Indiana:
Of the person - Guardianship of the person gives the guardian authority to care for a person, called the ward, by providing food, shelter, clothing, guidance and other necessities for the ward's general welfare.
Of the estate - Often called conservatorship, a conservator is appointed by a court to assist with an incapacitated person's financial affairs, including management of their assets and payment of their bills.
Guardianship can be temporary and time limited. Many times guardianships only need to last while the individual recovers from whatever incapacitated condition that initiated the guardianship to start with.
In Indiana, there are three different types of wards:
Minor child — A minor child may become a ward because of the death, incapacity or unfitness of parents. The guardianship can last until the ward reaches the age of 18, is emancipated by the court, or returns to the care of parents. A guardian of a minor child is not an adoptive parent; living parents retain their parental ties and may be required to provide financial support. If the parents are deceased, the child may have an inheritance or even proceeds from a wrongful death judgment. The guardian would be charged with managing those funds for the benefit of the ward.
Disabled adult — When a child with special needs reaches the age of 18, parents must apply to guardianship to maintain legal authority to act in the child’s best interests. If the parents pass away, the court can appoint another responsible adult to act as guardian.
Elderly adult with diminished capacity — Adult children of seniors who are declining due to illness or old age can apply to become guardians of their parents. Unfortunately, many older adults resent being put under their children’s care, so an adversarial hearing is sometimes necessary to impose a guardianship against the ward’s wishes.
A person wishing to become a guardian must first petition the court to grant a guardianship. The court holds a hearing to decide two issues: whether a guardianship is warranted and whether the petitioner is the right person to be the guardian. On both issues, the overriding consideration for the court is the best interests of the ward.
If you are considering a guardianship for a loved one, Jarjour Law will guide you through the process to establish guardianship for a minor or incapacitated adult. To schedule a consultation, please call 260-420-2333 or contact us online.
In Indiana, there are three different types of wards:
Minor child — A minor child may become a ward because of the death, incapacity or unfitness of parents. The guardianship can last until the ward reaches the age of 18, is emancipated by the court, or returns to the care of parents. A guardian of a minor child is not an adoptive parent; living parents retain their parental ties and may be required to provide financial support. If the parents are deceased, the child may have an inheritance or even proceeds from a wrongful death judgment. The guardian would be charged with managing those funds for the benefit of the ward.
Disabled adult — When a child with special needs reaches the age of 18, parents must apply to guardianship to maintain legal authority to act in the child’s best interests. If the parents pass away, the court can appoint another responsible adult to act as guardian.
Elderly adult with diminished capacity — Adult children of seniors who are declining due to illness or old age can apply to become guardians of their parents. Unfortunately, many older adults resent being put under their children’s care, so an adversarial hearing is sometimes necessary to impose a guardianship against the ward’s wishes.
A person wishing to become a guardian must first petition the court to grant a guardianship. The court holds a hearing to decide two issues: whether a guardianship is warranted and whether the petitioner is the right person to be the guardian. On both issues, the overriding consideration for the court is the best interests of the ward.
If you are considering a guardianship for a loved one, Jarjour Law will guide you through the process to establish guardianship for a minor or incapacitated adult. To schedule a consultation, please call 260-420-2333 or contact us online.
