Elder Law

Q. What is a guardianship?

A. A guardianship action is initiated by filing a petition with a court seeking appointment to serve as guardian of an incapacitated person or minor. An incapacitated person is defined as an individual who is unable to manage in whole or in part his or her property; to provide self-care; or both. Indiana law specifically sets forth the requirements of the content of the petition, including such things as stating the particular incapacity of the individual and the reasons the appointment of a guardian is necessary.

After the petition is filed with the court, a hearing will be scheduled. It is possible for the court to appoint an attorney, called a guardian ad litem, to represent the alleged incapacitated person. If the court finds that the individual

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for whom a guardianship is sought is incapacitated or a minor and that the appointment of a guardian is necessary as a means of providing care and supervision of the physical person and property, the court shall appoint a guardian. After a guardian has been appointed, Indiana law requires various status reports to be filed with the court. It is important to consult an attorney so that important deadlines are not missed.