As our loved ones age, assisting them with routine tasks and errands, like a trip to the grocery store or cleaning around the house, often becomes necessary. But suppose your parent, relative, or close friend is experiencing more prolonged or serious struggles, like difficulty understanding and managing their finances or making health care decisions. In that case, you may be wondering if seeking guardianship is appropriate or necessary. The answer to this question will depend on many factors, and understanding which legal option is best for you can be difficult.
Luckily, families in Northwest Indiana don’t have to navigate this complex legal issue alone. A compassionate and experienced Schererville guardianship lawyer can help you understand the legal options available in guardianships, explain the requirements and benefits of each option, and prepare the necessary documents for filing with the court.
Before considering guardianship, it can be helpful to have a basic understanding of what guardianship is and when it may be beneficial.
Guardianship grants a person legal authority to make decisions on behalf of another person. The person who is granted decision-making power is referred to as the guardian. There can be guardianships over adults or children.
A person may seek a guardianship over an adult who is no longer able to care for their physical or financial well-being. An adult who is found to need assistance in this manner is considered an incapacitated adult. If you have a family member or close family friend who needs assistance in caring for themselves, a petition can be brought to the court to grant you legal authority to care for that individual.
Once a guardianship is established through the court, the guardian becomes legally responsible for managing and protecting the incapacitated adult’s affairs.
Additionally, there are guardianships over minor children. Some children require guardianships when their parents are no longer present or able to care for them, and a guardianship petition can be brought.
Temporary guardianships can be established if there is an immediate need to secure the welfare of a disabled adult or child and no other person exists with the authority to make such decisions. Temporary guardianships in Indiana can only be granted for a period of 90 days. If the need for a guardian still exists after that time, a permanent guardianship must be established.
Determining the type of decision-making authority that is appropriate for a guardian to request is complex and needs to be decided on a case-by-case basis. There is no “one-size-fits-all” solution to establishing guardianships. This is why families often turn to a highly qualified guardianship lawyer to help them ensure the needs of their loved ones are managed appropriately and in a timely manner.
If you are assisting with the care of a senior parent, disabled relative, or close family friend and believe that a guardianship might be in their best interest, our Schererville guardianship attorneys are here to help. We can assist you in determining if guardianship is appropriate and guide you through the process of securing a loved one’s estate or well-being to help minimize stress and worry.
Reach out to Spagnolo & Hoeksema, LLC, to begin discussing your family’s legal needs. You can request a free consultation with our knowledgeable guardianship and estate planning attorneys by calling us or sending us a message online today.
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