A guardianship is the legal process by which someone is appointed by a court to handle the personal care or financial decisions of a minor or an incapacitated adult.
An adult can be incapacitated by physical disability, mental or physical illness, mental or physical weakness, alcohol or drug abuse, confinement, detention, or insanity.
Persons most often seeking guardianship of a child are the child's family members, seeking guardianship of a grandchild, niece, or nephew out of fear for the child's safety and wellbeing due to reasons such as abuse, neglect or abandonment by the child's biological parents.
A person can be appointed the guardian of the person, guardian of the person's estate, or both. A Guardian of the Person is in charge of the person's day-to-day personal care, such as ensuring that the protected person receives food, clothing, shelter and medical care. A Guardian of the Estate is responsible for managing the protected person's financial affairs. The Guardian of the Estate is required to prepare periodic accountings to the Court of all disbursements made on behalf of the protected person's estate. The Court may also appoint a limited guardian, whose authority is limited to act only in certain areas specified by the Court.
The attorneys at Koch McAuley & Bailey P.C. are experienced in Indiana guardianship law. If you are interested in petitioning for guardianship of a minor child or an incapacitated loved one, we are ready to put our experience to work for you.