Typically when our Highland family law attorneys talk about guardianship of an individual, we are speaking of children. However, as the population ages, with increasing frequency we are seeing individuals seeking guardianship of elderly relatives and loved ones.
Adult guardianship in Indiana, similar to child guardianship, is a legal process whereby the court determines that a person lacks the capacity or ability to communicate decisions for themselves. While this can involve older adults with incapacity rooted in certain forms of dementia, such as Alzheimer’s disease, it could also involve a person over 18 with developmental disabilities or an adult who has suffered a traumatic brain injury.
The process involves first speaking with a qualified attorney who can relay your options. From there, your lawyer can help you obtain a physician’s statement, which describes the person’s diagnoses and functional limitations. Then, your attorney will file a petition on your behalf in court. A notice will be sent to that individual and any others who may require notification under law. The court will likely hire a guardian ad litem, who will act as an advocate for the incapacitated person during the proceedings. The court will then hold a hearing and make a determination based on the merits of the claim.
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