Indianapolis Indiana Guardianship Lawyer

A guardian is a person appointed by the court to manage the affairs of someone who, because of incapacity, is at risk of harm to himself, others, or his property. A guardian oversees the legal, financial, and personal affairs of a minor or an adult who no longer can care for themselves.

Reasons for a Guardianship

There are several reasons a person may require a guardian, such as an elderly person with age-related physical or mental disabilities who can no longer care for himself, or a minor without a parent for care or guidance, or a person of any age who suffers from a physical disease, mental deficiency, or substance abuse.

Guardianship Process

The guardianship process is started when an interested party, usually a spouse or family member, files a petition in the county probate court. The incapacitated person who is in need of the guardian will receive notice, as will other interested parties. The court will appoint an attorney to represent the interests of the incapacitated person. A physician will also examine the person and provide a written report advising the court regarding the physical and mental condition of the person.

Guardianship Responsibilities

After a formal hearing the court will determine whether a guardianship is necessary and, if so, will appoint a guardian. The court will also establish the parameters of the guardianship based on the best interests and needs of the dependent person. The guardian will be required to provide periodic reports to the court concerning the physical and mental condition of the dependent person, and the continuing need for guardianship.

Attorney Consultation on Guardianships

Indianapolis attorney, R.J. Schoettle has experience in handling guardianship matters for adults as well as minor children. For a lawyer consultation regarding an adult guardianship, a minor guardianship, a will, a trust or an estate plan, contact Indianapolis attorney, R.J. Schoettle at (317) 374-7918 or complete the attorney contact form. By working from his home office on the southside of Indianapolis, lawyer R.J. Schoettle maintains affordable attorney rates. Flexible appointments are available.

R.J. Schoettle is certified in Indiana as an Estate Planning and Administration Specialist by the Estate Planning and Administration Specialty Certification Board.

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