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Indiana Guardianship Lawyer
Trusted Advocacy in Your Guardianship Case
When a loved one becomes incapacitated, it can be a very difficult time for families. However, the family must take the time to explore all of their options to ensure that the incapacitated individual is provided for in the best way possible. One option that many people consider is guardianship.
At Rice & Rice, we have a team of experienced guardianship lawyers in Valparaiso, IN, who can help determine if guardianship is the right option for your family. We can help you navigate the court process and provide legal assistance during the guardianship period. Our team of attorneys has decades of experience working with families throughout Indiana, and we have offices in Valparaiso, South Bend, and Lafayette.
Call Rice & Rice today at (219) 240-0450 or contact us online to schedule a meeting with our guardianship attorney in Indiana!
What Is Guardianship?
Guardianship is a legal relationship in which a guardian can make crucial decisions for the person being cared for or ward. The guardian is responsible for the care and well-being of the loved one who is incapacitated and must report to the court regularly to ensure that the loved one receives the best care. The guardian is also responsible for managing financial affairs and property.
If you are considering guardianship, you must understand what it entails. A guardian is responsible for caring for the individual daily and must ensure that the incapacitated loved one receives the care they need. A guardian is also responsible for managing finances and reporting to the court regularly.
When Is Guardianship the Right Option?
In several situations, guardianship may be the right option for your family. Mainly, if your loved one is no longer able to make important decisions due to a medical condition, it is likely time to set up guardianship for them.
When Is Guardianship the Wrong Option?
Guardianship is intended to provide legal authorization to a person so that they may make important decisions regarding the care, well-being, and finances of your loved one. It may not be necessary if they are incapacitated and can still make their own decisions and are of sound mind. Additionally, it cannot be authorized if your loved one can manage their affairs and does not want guardianship.
Guardianship is a serious legal relationship that requires a court order, and the court will carefully consider the individual's wishes before granting it. If the individual does not want guardianship, the court may not grant it. However, individuals who do not want guardianship may change their minds once they understand the benefits of guardianship.
Guardianship vs. Power of Attorney
In Indiana, as in many other states, guardianship and power of attorney are legal mechanisms used to make decisions on behalf of another person, but they serve different purposes and have different implications.
Here are the key differences between guardianship and power of attorney in Indiana:
Understanding Guardianship and Power of Attorney in Indiana
Key Differences Between Guardianship and Power of Attorney
Purpose of Guardianship vs. Power of Attorney
- Guardianship: Typically sought when a loved one is deemed legally incapacitated and unable to make decisions for themselves.
- Power of Attorney: Allows a competent individual (the principal) to appoint an attorney-in-fact to make specific decisions or manage certain affairs on their behalf. The principal retains decision-making capacity and can revoke the POA at any time.
How to Initiate Guardianship and Power of Attorney
- Guardianship: Initiated via a petition filed in court by an interested party, such as a family member or a concerned individual, who believes someone is incapacitated and needs a guardian. The court determines whether guardianship is necessary.
- Power of Attorney: Initiated by the principal, who creates the document voluntarily while they are of sound mind. The principal chooses their agent and specifies the powers granted in the POA.
Decision-Making Authority: Guardianship vs. Power of Attorney
- Guardianship: Typically has broad decision-making authority over the ward's personal, medical, and financial affairs. The court determines the extent of authority and may be limited based on the ward's specific needs.
- Power of Attorney: The agent's authority under a POA is limited to what is explicitly granted in the document.
Duration of Guardianship and Power of Attorney
- Guardianship: Continues until the court determines that it is no longer necessary, often due to the ward's recovery, capacity improvement, or the event of the ward's death.
- Power of Attorney: This can be set to expire on a specific date, upon the occurrence of a particular event, or when the principal revokes it. It can also be durable, meaning it remains in effect even if the principal becomes incapacitated.
Revocation of Guardianship and Power of Attorney
- Guardianship: This can only be terminated or modified by a court order. The ward or interested parties may petition the court for changes.
- Power of Attorney: The principal can revoke a POA at any time if they are of sound mind. It can also be revoked upon a specified event or date mentioned in the document.
It's important to note that guardianship and power of attorney are legal processes designed to protect the interests of individuals who cannot make decisions for themselves. The choice between the two depends on the specific circumstances and the individual's capacity to make decisions at the time of consideration.
Ensure that the best interests of your loved one are protected. Speak with a Valparaiso guardianship attorney at Rice & Rice -- serving families in Indiana since 1972.
Contact Rice & Rice today to meet with our guardianship lawyer in Indiana!
Trust your family's future to our Compassionate team of attorneys.
Why Choose Rice & Rice Attorneys
What sets Us Apart-
Focused On Elder Law
At Rice & Rice Attorneys, our primary focus is on caring for your family. Estate Planning, Probate, and Elder Law are all we do, and we offer reasonable rates.
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Faith and Family Oriented
Our firm is based on the principles of our faith and the importance of family.
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50 Years of Experience
Since 1972, Rice & Rice Attorneys have been serving this area and we are deeply rooted in our community.
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Award-Winning Attorneys
Our firm has been awarded the Martindale-Hubbell AV Preeminent Rating, as well as an A+ Rating with the BBB.
Peace of Mind Starts Here
Trust your family's future to our Compassionate team of attorneys. Reach out today for A Free Consultation.