Guardianship Attorney

Serving All of Porter, Lake & LaPorte, Indiana

Children and Adults

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, and 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.

Adult Guardianship

Guardianship of an adult is similar to that of a child. The guardian is responsible for making decisions about the individual’s medical care and life events. Often adult guardianship is sought for adults suffering from mental illness, drug abuse, or incarceration. Advances in medical care are making it possible for people to live longer lives. This could increase the importance of adult guardianship in the future.

The level of responsibility that a guardian has over an individual will vary based on the circumstances and the determination of the court. It’s important to have the legal counsel to help sort through these complex matters.

Guardian ad Litem

A Guardian ad Litem (GAL) is an attorney or trained volunteer appointed by the court to represent a child’s best interests in cases involving child abuse, juvenile delinquency, or neglect. In many of these cases, the court has determined that a Child in Need of Services (CHINS) needs a neutral representative that can assess the situation and provide a recommendation to the court.

A Person who serve as GAL must thoroughly be trained before they can be appointed by the court. GAL training consists of education on a variety of topics such as the identification and treatment of child abuse and neglect as well as early childhood development. One portion of the training also includes information related to how the attorney GAL represents children.

Role of a GAL

The GAL is responsible for conducting an investigation into the child’s situation. During the investigation, the GAL will interview parents, siblings, teachers, and others in the child’s life to gain a better understanding of the environment.

The GAL will provide a recommendation to the court based on their research and review. The GAL will take into consideration what the child’s wishes are but is responsible for advocating a recommendation that is considered to be in the child’s best interest, which may not agree with the child’s wishes.

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.