Read why every business even small ones needs a business attorney. Do not act or refrain from acting based upon this educational information only without seeking your own professional legal counsel. We disclaim all liability with respect to actions taken or not taken based on any and all of the contents of the website/webpage to the fullest extent provided by law. The content and interpretation of the law addressed herein is subject to revision. The material on this website/webpage may not reflect the most current legal developments. Such responses will not create an attorney-client relationship, and whatever you disclose to us will not be privileged or confidential unless we agree to act as your legal counsel and you have signed an engagement letter with Webster & Garino LLC. You should not send us confidential information in response to this website or webpage. The transmission and receipt of information on or through this website, in whole or in part, or communication with Webster & Garino LLC via the Internet or e-mail through this website does not constitute or create an attorney-client relationship between us and any recipient. MEET OUR LAWYERS | Will WebsterĭISCLAIMER/ATTORNEY MESSAGE: The information contained in this website/webpage, including, but not limited to, written material, recorded material and/or video/visual material is provided for informational purposes only, and should not be construed as legal advice on any matter. Contact a Westfield guardianship attorney at Webster and Garino and schedule an appointment today. At Webster and Garino our Westfield estate planning attorneys will advise you on how to avoid a guardianship proceeding with the use of an Indiana power of attorney, Indiana Living Will and/or possibly avoid a contested guardianship proceeding by simply appointing a guardian in your Will for your children.īecoming a guardian imposes multiple legal duties, and a consultation with a guardianship attorney can prepare you to comply with the demands of the role. If you don’t want the appointment of a guardian left entirely up to the discretion of the Court, it is important that you discuss your estate plan with an Indiana Estate planning attorney. If a person is appointed guardian over you, that person will have control over your healthcare and financial decisions. Every two years thereafter, the guardian must report to the court about the ward’s health and finances. A temporary guardianship shortens this requirement to 30 days. Reporting DutiesĪ legal guardian needs to prepare an inventory of the ward’s property for the court within 90 days of appointment. If a judge issues a letter of guardianship, the document will explain the specific terms and powers of the appointment. Overall, the law requires the Court to rule based on the best interests of the ward. The relationship between a proposed guardian and ward can matter too. If the person is incapatitated or cannot speak, any guardianship desires stated in a power of attorney or will can be presented to the court. Potential wards who can do so may express their wishes about who becomes a guardian. Multiple factors guide a Judge’s decision. A guardianship lawyer in Indiana can prepare the necessary Court paperwork. The Court will want to see a Physician’s Report that confirms that the person cannot manage personal needs or finances. A prospective guardian should also assemble evidence that shows a thorough understanding of the ward’s health and financial position. The process of becoming a legal guardian requires you to notify the close family members of the proposed ward as well as other parties or institutions that will bear responsibility toward the person. Some situations will only call for limited or temporary guardianship. If you only need to serve as guardian of the person, then you would not have authority over financial matters and assets. Your Indiana Petition for Guardianship must specify whether you need the guardianship of the person, guardianship of the estate, or both. Because guardianship laws and petitions overlap with issues related to estate planning in Indiana, you can ask for guidance from an estate planning lawyer in Indiana at Webster & Garino. To pursue guardianship of an individual, who would be known as the ward or protected person, you need to file a Petition for Guardianship with the applicable court and receive an appointment from a Judge. Depending on the nature of the guardianship, care can involve attending to the ward’s personal needs, managing financial affairs, or both. Indiana guardianships authorize a person to care for an incapacitated or disabled adult or minor child.
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