Guardianships can be a very important tool. Contact Indianapolis probate attorney Randall Parr to begin the process today.
A guardian is defined in Indiana Code as:
“Guardian”
IC 29-3-1-6
Sec. 6. “Guardian” means a person who is a fiduciary and is appointed by a court to be a guardian or conservator responsible as the court may direct for the person or the property of an incapacitated person or a minor. The term includes a temporary guardian, a limited guardian, and a successor guardian but excludes one who is only a guardian ad litem. The terms guardian and conservator are interchangeable.
Here are some of the factors the court will consider in appointing a guardian:
Considerations for appointment of guardian
IC 29-3-5-4
Sec. 4. The court shall appoint as guardian a qualified person or persons most suitable and willing to serve, having due regard to the following:
(1) Any request made by a person alleged to be an incapacitated person, including designations in a durable power of attorney under IC 30-5-3-4(a).
(2) Any request made for a minor by:
(A) a parent of the minor; or
(B) a de facto custodian of the minor, including a designation in a power of attorney under IC 30-5-3-4(b) or IC 30-5-3-4(c).
(3) Any request contained in a will or other written instrument.
(4) A designation of a standby guardian under IC 29-3-3-7.
(5) Any request made by a minor who is at least fourteen (14) years of age.
(6) Any request made by the spouse of the alleged incapacitated person.
(7) The relationship of the proposed guardian to the individual for whom guardianship is sought.
(8) Any person acting for the incapacitated person under a durable power of attorney.
(9) The best interest of the incapacitated person or minor and the property of the incapacitated person or minor.
A Guardian is required to do the following:
Mandatory responsibilities of guardian
IC 29-3-8-3
Sec. 3. A guardian (other than a temporary guardian) shall do the following:
(1) Act as a guardian with respect to the guardianship property and observe the standards of care and conduct applicable to trustees.
(2) Protect and preserve the property of the protected person subject to guardianship and secure the protective orders or other orders that are required to protect any other property of the protected person.
(3) Conserve any property of the protected person in excess of the protected person’s current needs.
(4) Encourage self-reliance and independence of the protected person.
(5) Consider recommendations relating to the appropriate standard of support, care, education, and training for the protected person or the protected person’s dependent made by the protected person’s parent.
*See complete Indiana Code for full description and statutes. This is a partial listing only.