Guardianship Attorneys – Valparaiso, IN.

A legal guardian is someone who has been ordered by the court to provide care for a minor child or adult. Some responsibilities for a guardian include; ensuring that a child’s basic needs are met such as food, clothing, shelter, education & medical care. Guardians act somewhat as parents when it comes to ensuring the child’s best interests are met. A guardian may also be held responsible when it comes to financial struggles for the minor.

Guardianship can be terminated and reinstated at a later date, unlike adoption. In a guardianship, a minor would still be eligible to receive financial assistance from their parents as well as lay claim to the estate in the event of death.

Guardian’s Rights & Responsibilities in Indiana?

In Indiana, a guardian has broad authority and responsibility to make decisions on the ward’s behalf unless the guardian’s authority and responsibility have been expressly limited by the court during the guardianship proceedings.

A Guardian’s Authority Includes:

• Entering into contracts
• Consenting to medical care
• Deciding where the ward should live
• Managing the ward’s finances

What Are a Ward’s Rights?

In most cases, a ward will retain certain rights. If a guardian’s authority is limited, any powers not conferred upon the guardian will remain with the ward.  Wards have the following rights to:

• Request a different guardian
• Seek to terminate guardianship
• Vote
• Have access to friends and family

Potential Alternatives to Guardianship

Becoming someone’s guardian is a big undertaking. While it will be necessary in some situations, there are some other alternatives available. Depending upon your loved specific needs and his/her current medical condition, these options may include:

• Informal means of support
• Establishing a joint bank account
• Executing a living will or advance healthcare directive
• Executing a durable power of attorney
• Obtaining a protective order
• Pursuing a child or adult adoption

Can a Guardian Quit or Be Removed?

Yes, it is possible for a guardian to quit and for someone else to challenge an existing guardianship order. However, unless and until the court makes a final determination, the guardian must continue to serve in his or her appointed role.

Valid Reasons to Challenge to Terminate Guardianship Include;

• Guardianship is no longer necessary
• Guardian is not fit to manage the ward’s finances or health care needs
• Guardian is not acting in the ward’s best interests
• Current guardian and a proposed guardian agree that responsibility should be shifted

Ultimately, the court can choose to accept the GAL’s recommendation or reject it. Cioe & Wagenblast, PC has received extensive GAL training and has been appointed many times and, in many courts, to serve as a GAL. Only a judge can appoint a GAL, but a lawyer or social worker can request that a judge appoint a GAL in a case.