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Rights of Ward?

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schultz

Junior Member
What is the name of your state (only U.S. law)? Indiana
Does a Ward have any rights other then "voting" while there is
a temporary guardian in place? what rights do they have?
what if there is a conflict between the Ward and the guardian?
is the Ward entitled to an attorney? Why would a guardian not allow
a foreign speaking Dr. who can communicate with her in her native language
(her english is OK). She has been placed in a Memory ward and there is nothig wrong with here other then her age.
Please help before its too late.
 


latigo

Senior Member
IF you can produce convincing evidence that the conduct of the guardian is detrimental to the best interests of the ward, and can qualify as an interested person, then you could hire an attorney and petition the court for the removal and replacement of the guardian.

But you’d need stronger proof of misconduct and/or neglect than you’ve indicated here. Plus the several hundred dollars sitting around that you have no particular use for.

Sax

The pertinent provisions of the Indiana statutes are as follows:

Indiana Code Section 29-3-12-4
“Removal, resignation, or death of guardian; final accounting; appointment of successor; effect of removal on validity of guardian's acts

(a) The court may remove a guardian on its own motion or on petition of the protected person or any person interested in the guardianship, after notice and hearing, on the same grounds and in the same manner as is provided under IC 29-1-10-6 for the removal of a personal representative.

(b) If the appointment of a successor guardian is required, the court shall appoint a qualified successor guardian to succeed to the title, powers, and duties of the predecessor guardian unless otherwise ordered by the court.”


Indiana Code 29-1-10-6
“Removal of personal representatives; Sec. 6. When the personal representative becomes . . . . UNSUITABLE OR INCAPABLE OF DISCHARGING THE REPRESENTATIVE'S DUTIES, HAS MISMANAGED THE ESTATE, FAILED TO PERFORM ANY DUTY IMPOSED BY LAW OR BY ANY LAWFUL ORDER OF THE COURT, . . (Emphasis added)

(a) The court on its own motion may, or on petition of any person interested in the estate shall, order the representative to appear and show cause why the representative should not be removed. Such order shall set forth in substance the alleged grounds upon which such removal is based, the time and place of the hearing, and may be served upon the personal representative in the same manner as a notice is served under this article. “
 

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