What is Adult Guardianship in Indiana?

In Indiana, adult guardianship is the legal process where a court appoints an individual or entity to serve as the guardian of another person or their estate if the ward is deemed incapacitated, disabled, or unable to manage their affairs. Indiana laws relating to guardianship aim to ensure that the process is used appropriately to support disabled individuals who require assistance while also maintaining their autonomy and legal rights as much as possible. If a person is deemed incapacitated or disabled and cannot provide adequate self-care or manage their affairs, it may be necessary for their family members and loved ones to seek guardianship orders.

Adults under guardianship have the right to challenge or end the terms, request new guardians, and more. However, for individuals with permanent disabilities, guardianship may remain in place throughout their lifetime. State laws still require a determination of guardianship when the disabled person dies or if the court determines that guardianship is no longer necessary.

A person who cannot sufficiently manage their property, provide self-care, or meet their other daily needs could meet the legal requirements to be identified as an incapacitated or disabled person according to Indiana law.

Possible reasons for incapacity include the following:

  • Mental illness or mental disability
  • Insanity
  • Infirmity
  • Developmental disabilities
  • Physical disease
  • Alcoholism and habitual drunkenness
  • Mental deficiency
  • Chronic illness and chronic pain
  • Excessive drug use
  • Fraud, duress, or undue influence by others
  • Incarceration, detention, or confinement

What Are the Different Types of Guardianship?

There are several different forms of adult guardianship in the state of Indiana. The broadest form is plenary guardianship, which leaves the ward with no legal right to decide for themselves (the ward still has the right to vote). This type of guardianship is sometimes called guardianship of the person and the estate. The guardians with this type of guardianship have many responsibilities and obligations to those under their care.

Other, more limited forms of guardianship are also available.

Guardianship allows the guardian to make decisions regarding non-financial matters, including their ward’s living arrangements, medical treatment, and more. Guardianship can be further limited in some cases, allowing only certain decisions to be made by the guardian.

Guardianship of the estate is a limited form of guardianship that gives the guardian the obligation to make financial decisions on behalf of the protected person. Like guardianship of the person, this form of guardianship can be further limited regarding what sorts of decisions are allowed.

There is also temporary guardianship, which is limited to 90 days but could be extended by the courts if deemed necessary. This type of guardianship is primarily used in emergencies.

What Are the Requirements of the Guardian?

In many cases, the guardian of a disabled adult is either the parent of the incapacitated person or an adult child. In cases where a parent is the guardian for their adult children, the guardian has additional formal requirements that are not typically required of normal parent-child relationships.

Provided the guardianship agreement is not limited, the requirements and responsibilities of the guardian may include the following:

  • Always act in the best interests of the ward
  • File an inventory of assets if entrusted to be the guardian of the estate
  • Separate all funds from the guardian’s funds and the protected person’s funds
  • Seek permission from the court before selling anything of value that belongs to the ward
  • File an accounting of income, assets, and expenses every two years
  • Obtain approval from the courts before making any unusual expenditures in favor of the protected person
  • Seek approval from legal authorities before moving the protected person out of town or out of state
  • Make all or some of the necessary life decisions for the incapacitated person
  • Seek disability benefits for the ward
  • Make health care decisions
  • Review and make crucial financial management decisions

Are There Limitations on Indiana Guardianships?

It is up to a judge and court to set the specific limitations of each guardianship order. Guardians may be responsible for providing for the health care of a disabled person or ensuring proper management of their property, finances, and assets. In some cases, a guardian may be tasked with all matters relating to the ongoing care of their ward and the estate.

Indiana courts are directed to limit guardianship parameters when appropriate to encourage the disabled individual’s self-reliance, independence, and self-improvement. The guardianship may also have limits on the length of time that it is valid, the scope of the authority, and more.

Both parties, the individual petitioning for guardianship and the person subject to protection, can seek limited guardianship parameters.

What Rights Does the Disabled Adult Retain?

Adults with disabilities retain certain legal rights even when they are put under a guardianship order. However, the rights they retain are specifically those not removed by the court. The courts will carefully limit the guardian’s authority to encourage independence on the part of the ward as much as possible.

Unless a court explicitly restricts additional rights, the protected person will always retain the right to do the following:

  • Petition the courts to modify or terminate the guardianship arrangement
  • Vote in local and national elections
  • Spend time with family members and friends
  • Petition the court to appoint a new guardian

How to Become a Disabled Loved One’s Legal Guardian?

The process of obtaining guardianship for an adult with disabilities is a very serious legal matter. Essentially, guardianship is a means by which the court system strips an individual’s legal rights and grants those rights to a third party. The process in Indiana is designed to provide safeguards that look after the rights of individuals and carefully balance those rights against the potential harms that could occur if no legal action is taken.

Firstly, the individual seeking guardianship must file a petition with the court, which outlines the need for guardianship arrangements. This petition will include the nature of the incapacitation, the extent or danger posed by the incapacity, and the identity and information about the person seeking an appointment as guardian.

Supporting evidence, such as medical records, may also be submitted to demonstrate the extent of disabilities and the need for a legal guardian.

Notice must be given to all interested parties. In most cases involving incapacitated adults, notices must be given to the alleged incapacitated person, their spouse, any adult children, parents, and other persons to whom they have granted power of attorney. If the disabled person is already subject to guardianship or the care of another person or institution, notice must be given to such individuals or entities.

A court hearing will be held, where a judge will determine whether guardianship should or should not be imposed and the potential limitations on it. It is highly recommended that you retain professional legal representation from experienced family law attorneys when seeking guardianship, especially at the courtroom stage of the process.

Schedule a Consultation with Our Indianapolis Family Law Attorneys Today

If you seek guardianship of a disabled adult in Indiana, we strongly encourage you to retain the legal advice of experienced family law lawyers. Our Indianapolis law firm has extensive experience assisting clients with various family law issues, including guardianships and conservatorships.

To learn more about our legal services and how we can assist your family through this challenging legal scenario, please get in touch with our Indianapolis law office to schedule your initial consultation with our legal team today.

You can reach us at 317-785-1832.