Guardian

[sphie.2222]

Indiana

Do I need to sue the Guardian of a person who handles their financial assests if the person was able to swear oath and take the stand in a court of law on March 14, 2012? I live in Indianapolis, Indiana and will be suing in Small Claims Court on May 1, 2012.

 

[Zigner]

What did the person do to you? What did the guardian do to you?

 

[Zigner]

PM from the OP:

The person has personal belongings and a car that was signed over to me. I have a copy of the original title that was signed by the person. The Guardian has done nothing to me. I was told by the other person's attorney that I would have to sue the guardian. But the person was able to stand up in court and testify under oath on March 14, 2012.

The two issues are unrelated. Being under a guardianship does not automatically preclude a person from being able to testify in court.

With that said, I would suggest that you name both parties, possibly naming the guardian in such a way as to show you are suing based only on his position as guardian. I would also suggest that you arrange a short consultation with an attorney.