www.mcnevinlaw.com/guardianship.html -
Guardianship In Indiana
WHAT IS A GUARDIANSHIP?
A guardianship is a declaration by a court of law that a person is unable to care for themselves and/or manage their personal and business affairs (incapacitated person) and the appointment by the court of a Guardian over the incapacitated person. The Guardian's relationship to the incapacitated person or ward is like that of parent and child, at least with respect to the management of the wards personal and financial affairs. A guardianship is completely separate and distinct from a Power of Attorney, which basically confers the right to engage in various legal affairs (e.g. signing a contract) on behalf of the person who confers such a right.
TYPES OF GUARDIANSHIPS:
Indiana provides for the establishment of Permanent and Temporary Guardianships over both minors and incapacitated persons. These persons are legally referred to as a WARD. A temporary guardianship is statutorily limited to 60 days before termination or review. However, before a Court will declare a guardianship and appoint a guardian, the Court must first adjudicate the existence of an incapacity (e.g. ward is in a coma) or that the ward is a minor (e.g under the age of 18 years).
REQUIREMENTS OF GUARDIANSHIP:
The person applying for a guardianship comes before the Court as the Petitioner. The Petitioner must first prove to the Court that the minor or incapacitated person is in fact a minor or incapacitated and that the Court has jurisdiction over the matter. While there are a number of ways for a particular court to have jurisdiction over a particular minor or incapacitated person, the basis most generally relied upon is that the minor or incapacitated person resides within the same county as the Court and that the Court has jurisdiction over probate matters.
The petitioner must also prove that he or she is over eighteen years of age, a resident of the State of Indiana, and possesses no felony convictions. The petitioner may also need to satisfy the Court that he or she is capable of caring for the ward and the ward's financial interests.
APPOINTMENT OF GUARDIAN AD LITEM:
The Court may, but does not necessarily, appoint a Guardian Ad Litem (generally an attorney), to represent the interest of the minor or incapacitated person. Generally, where the Petitioner appears in all respects to be competent to serve as a guardian, that the need for a guardianship is readily apparent and there are no objections or competing petitions for guardianship pending, a Court may not appoint a Guardian Ad Litem. Where a Guardian Ad Litem is appointed, the Guardian will generally investigate the facts to be certain that the need for the guardianship exists and that the Petitioner is qualified to serve in that capacity.
COMPETING PETITIONERS:
Where more than one person has petitioned the Court for Guardianship the Court will necessarily make its decision only after due consideration of the statutory priorities for such an appointment. The Court will generally give more consideration to a petitioner designated in a durable power of attorney than even next of kin. Therefore, persons who would prefer a particular person to serve as guardian, should something happen to them, attempt to designate that person in a durable power of attorney or at least in a will, which will also be given serious attention.
A Guardian is a fiduciary (person entrusted with safe guarding property and interests of another) and as such has very important responsibilities. Among these responsibilities is the need to file an accounting every two years showing the inventory of the incapacitated person. Where the guardianship is over a minor child, the accounting will generally be negligible. An attorney can assist you with that task.
***Although addressed to grandparents, the following site has good information for relatives raising children in Indiana...
www.grandsplace.com/gp8/in.html - 17k
Good Luck and God Bless You!