All About Guardianships in Indiana
Guardianships are legal processes developed to support individuals who cannot care for themselves due to infancy, disability, or incapacitation. Generally speaking, a court will appoint an individual as a guardian for the person or the estate. This person could be a friend or relative willing to accept the high burden and duties that guardianships require.
Guardianships are ordered for minors or adults. They can apply to the care of the person, their estate, or both.
Child Guardianships
Child Guardianships generally apply when the parents of a child are deceased, unwilling, or unable to fulfill their parental duties. They can be for short or long periods. Most child guardianships end when the child becomes an adult. At this point, an adult guardianship may be needed if the individual cannot care for themselves.
Guardianships for a person entail responsibility for caring for the wellbeing of the individual. The guardian has the authority to handle educational, healthcare, and religious upbringing affairs with the same legal rights as a parent.
It is important to note that guardianships do not take away parental rights. Courts will defer to parents when they feel it is in the best interest of the child.
Guardianships can also apply only to the estate of a child. This type of guardianship applies most frequently when a minor receives are a large sum of money through inheritance or personal injury settlement. The court will order that money be held in a guardianship account, and the guardian will have the legal authority to disburse funds in the interest of the child.
It is wise to hold these funds in a restricted account, which requires a court order for disbursement. This process serves as a check-and-balance against the estate guardian and ensures the funds are used only for the minor.
In most circumstances, child guardianships end when the minor becomes an adult.
Adult Guardianships
Adult guardianships are used to support disabled or incapacitated adults. Like child guardianships, they can be for the person or their estate. Guardians are responsible for financial, educational, and healthcare decisions. For example, guardians may handle Federal & State Benefits on behalf of the ward.
Guardianships entail a court-ordered fiduciary duty. Guardians are held to a very high standard and are required to make bi-annual reports to the state. Being a guardian is a very rewarding experience, but not one to be taken lightly.
Other options
Guardianships are not always the best option. Courts will pursue the least intrusive remedy to help the individual. In some cases, a Healthcare Power of Attorney or General Durable Power of Attorney is a better solution than guardianship.
At Carmel Family Law, we have extensive experience with Power of Attorney, custody, and guardianship issues. Please reach out to us for a consultation on the best option for you and your family.