Some older adults might suffer from diseases like Alzheimer's that inhibit them from performing everyday tasks without help. The incapacitated individual may be unable to make rational judgments regarding their finances, health, and other areas of life. Such an individual requires the help of a legal guardian. Securing legal guardianship over the person you care for can seem daunting, involving courts and obtaining specific documents.
What is Adult Guardianship?
Guardianship allows a court-appointed individual the power to make vital decisions over the adult they are caring for. The appointing court specifies the roles and responsibilities of a guardian depending on the condition of the protected person. Some guardianship responsibilities include providing medical care, taking care of the incapacitated person's belongings, and reporting to court regularly on the condition of the disabled person.
What are the Steps to Obtaining Guardianship Over an Adult?
If you want to seek guardianship of an adult in Indiana, you must petition an appropriate court. Because the process can be complex, seeking professional guidance from an experienced lawyer is critical. Here are the steps to obtaining guardianship for a disabled person:
- Medical evaluation: A court relies on medical evidence to make decisions on the roles of a guardian. The medical evaluation document explains the physical and emotional condition of the adult you wish to care for. From the assessment, the court can determine the kind of care the individual might require.
- Apply for guardianship: Once you have a medical evaluation report, the next step entails applying for custody with the relevant court. When applying for guardianship, you must be specific about the role you want to play. Here, you should explain whether you require the conservatorship of the individual, their estate, or both. The court will do a background check of the incapacitated adult's financial situation.
- Notify close relatives: Once you've filed for guardianship with the court, it's essential to notify the relatives of the older adult about the proceedings. You must demonstrate a deeper understanding of the incapacitated individual's health and financial status.
- Court hearing: During the hearing, the court will determine whether the elderly individual is incapacitated and unable to make critical decisions. The court will establish the suitability of the person applying for guardianship over the older adult.
Get in Touch with our Indianapolis Guardianship Attorneys Today to Get Started
The procedure for obtaining guardianship for an incapacitated adult can be lengthy. There are complex matters like filing petitions in court and compiling various documents. Instead of stressing yourself with this challenging process, hiring an Indianapolis guardianship attorney can provide the guidance you need. Applegate & Dillman Elder Law is a leading firm in elder law. Contact us today and speak to our experienced attorneys. Call (317) 492-9569 today for a personalized consultation with our attorney.
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