Greenfield, IN Guardianship Law: Dickmann Reason Bogigian & White
When someone is incapacitated or unable to care for themselves because they have special need, the courts in Indiana may appoint a guardian to ensure their housing, education, health care and financial needs are met. There are three levels of guardianship that are recognized in Indiana including:
- Guardian of the person – in this case, the guardian would be responsible for the person’s day to day needs including housing, health care and other basic needs.
- Guardian of the estate – when a person needs help managing their financing, a guardian of the estate would ensure their investments, bank accounts, real estate holdings were managed. This includes paying bills and ensuring the person had spending money when appropriate.
- Guardian of person and estate – in nearly all cases, one guardian will see to the physical, and financial needs of the incapacitated person.
When a Guardianship May Be Necessary
If your family has a loved one who has special needs or you have minor children who need to be cared for after your death, you can elect to appoint a guardian to act in your stead. Keep in mind, while you may suggest a guardian or you may apply to be guardian of a loved one, the court will take some factors into consideration including:
- Wishes of the person – for children over the age of 14 or when an incapacitated person requests a specific individual those wishes will be taken into consideration by the courts.
- Powers of attorney – if there is a current power of attorney in place by the person requesting guardianship, the court will consider appointing that person guardian.
- Best interest of person – whenever a guardianship issue arises, the courts will always consider the best interest of the person as well as the estate of the incapacitated person or minor.
Residents of Greenfield, Fortville, New Palestine, McCordsville, Hancock County, Indianapolis, Shelbyville, Morristown, Knightstown, Anderson, Pendleton, New Castle, Connersville, Rushville, Fishers, Geist, Carmel, Shelby County, Henry County, Hamilton County, Madison County, Marion County and central Indiana who have questions or concerns about filing a guardianship petition should contact Dickmann Reason Bogigian & White at (317) 462-1401 to schedule a consultation.