There can be times in which elderly parents or other loved ones experience conditions or disabilities that prevent them from caring for themselves. These situations may require a guardianship appointment, but knowing when this step is necessary is a tough decision to make on your own. Luckily, there are skilled and compassionate Northwest Indiana guardianship attorneys who can help.
It’s also important to understand that there can be numerous complications in guardianship cases, especially if another party is contesting the guardianship request. Multiple parties could also disagree about the person best suited for providing appropriate care, and legal counsel is often necessary.
A person may need the protection of a guardian when they are unable to make or communicate decisions relating to their personal finances or managing basic necessities. For example, if an elderly person becomes unable to purchase food or seek medical care for themselves, intervention may be required to protect their well-being.
In the creation of guardianship, a court will be tasked with deciding if the adult in question is actually incapacitated. Skilled guardianship attorneys can assist you in gathering and presenting the evidence necessary to demonstrate that guardianship is required.
A probate court has several options as to the type of guardianship to appoint depending on the needs of the incapacitated individual, and alternatives to guardianship may also be considered, such as supported decision-making agreements. The most appropriate outcome for each case will depend on the specific facts of the incapacitated person’s condition and needs.
When an adult has a disability that prevents them from managing their own affairs, a guardian appointment may become necessary. The party seeking the guardianship will have to file a petition with the court, which includes basic information about the disabled adult along with a description of their physical and mental capacity from a qualified medical professional.
There are specific qualifications for a person to be named the guardian of an adult. The guardian must:
If you need help with any kind of guardianship issue in Indiana, you are going to want to work with an attorney to achieve the most favorable outcome. Spagnolo & Hoeksema, LLC, understands the tremendous complexity inherent to many of these cases, and we will take the time to listen to your unique circumstances and help you take steps to properly protect your loved one.
Our firm knows that there can be a number of challenges to guardianship requests, and we also know how to overcome them. You can call us or contact us online to take advantage of a free consultation and begin discussing all of the particulars of your case and the best steps for you to take.
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