Adult Guardianship Services
We help you ensure your loved one’s care and finances are in the right hands.
A difficult process
requires reliable guidance.
You want to take great care of your loved one and provide a secure future, but you may need some help to do so. Caring for a loved one is a big burden to shoulder and you don’t want to have to deal with added legal stress.
Our team guides you through temporary, permanent, or contested adult guardianship. Whether your situation is straightforward or complex—we help you understand the process and ensure the thoughtful attention your loved one deserves.
You deserve guidance
from a team that is:
Experienced guidance for intricate matters.
Distinguished by years in the field.
Thoughtful solutions for every need.
Frequently Asked Questions
What is a guardian?
Do you help previously-appointed guardians?
What is the difference between temporary and permanent guardianship?
A temporary guardian has limited powers and can only serve for 90 days (this time frame can be extended by the Court).
A temporary or emergency guardianship is intended to be used only when a true emergency exists and the incapacitated person cannot make a decision for him or herself.
A permanent guardian usually has all the powers granted to a guardian in the Indiana code and serves indefinitely, unless removed by the Court. A permanent guardian is appropriate in circumstances where the incapacitated person has a condition or disease where it will be impossible to regain decision-making capacity, such as dementia, Down’s syndrome, severe autism, and Alzheimer’s disease. A permanent guardian serves as long as the incapacitated person is alive and the incapacity exists, unless removed by the Court.
What is the process to obtain temporary guardianship?
A temporary guardianship can be obtained relatively quickly. In Marion County, a hearing is required for all temporary guardianships and the process can take several days. The first step is to file a petition with the Court and to get a hearing date (which is usually scheduled within 7 days). In other counties, the potential guardian may only need to meet with the Judge in chambers before obtaining a temporary guardianship.
Before a temporary guardianship is granted, the following things must be completed:
– A physician’s report must be filled out and signed by a doctor.
– Notice of the temporary guardianship must be given to the incapacitated person, and to certain family members.
– The person wishing to become guardian must appear at a hearing.
What is the process to obtain permanent guardianship?
What is incapacity and how is it determined?
[A]n individual who:
(1) cannot be located upon reasonable inquiry;
(2) is unable:
(A) to manage in whole or in part the individual’s property;
(B) to provide self-care; or
(C) both; because of insanity, mental illness, mental deficiency, physical illness, infirmity, habitual drunkenness, excessive use of drugs, incarceration, confinement, detention, duress, fraud, undue influence of others on the individual, or other incapacity; or
(3) has a developmental disability (as defined in IC 12-7-2-61).
I.C. § 29-3-1-7.5
Incapacity is determined by a judge, with the assistance of a physician’s report that is completed and signed by the person’s doctor.
What is the difference between guardian of the person and guardian of the estate?
Knowing our loved ones are getting the best care and ensuring
their assets and health are protected shouldn’t be left to chance.