Maybe your elderly parent starts to struggle with decision-making, or a loved one with special needs reaches adulthood and needs help managing their daily life. You want to ensure they’re protected while still respecting their independence. In Indiana, guardianship laws exist to safeguard individuals who cannot make certain decisions on their own, but even under guardianship, these individuals still have important rights.
At Dillman & Owen Estate & Elder Law, we’re committed to protecting the rights of individuals under guardianship while providing families with the guidance they need to get through this sometimes complex process.
The Rights of Individuals Under Guardianship in Indiana
When a court appoints a guardian, the individual under guardianship doesn’t lose all their rights. Indiana law ensures they are treated with dignity and respect and that their voices remain part of the decision-making process. Here’s what you need to know about these rights:
Right to Dignity and Respect: Every individual under guardianship is entitled to humane treatment. They must be treated with kindness, respect, and consideration, regardless of their capacity.
Right to Retain Personal Autonomy: Individuals under guardianship can still make choices about personal preferences, such as what they eat, how they spend their time, or hobbies they enjoy. These decisions foster independence and improve quality of life.
Right to Have Wishes Taken into Account: Guardians are legally required to consider the wishes, beliefs, and values of the individual. For example, if someone prefers a certain medical treatment or living arrangement, their guardian should factor this into their decisions.
Right to Legal Representation: Individuals under guardianship can retain a lawyer to represent their interests and challenge decisions that may not align with their needs or wishes.
Right to Regular Reviews of Guardianship: Guardianship arrangements aren’t set in stone. Indiana law allows for periodic reviews to assess whether the guardianship is still necessary or if the individual has regained the capacity to make their own decisions.
Right to Request a Different Guardian: If an individual under guardianship feels that their guardian is not acting in their best interest, they have the right to request a change in guardianship.
How Dillman & Owen Estate & Elder Law Can Help
At Dillman & Owen Estate & Elder Law, we provide compassionate, knowledgeable guidance to ensure the rights of individuals under guardianship are respected. Here’s how we can help:
Guiding You Through the Guardianship Process: Establishing guardianship involves legal steps, from filing petitions to attending court hearings. We’ll ensure the process is seamless and compliant with Indiana law.
Advocating for the Individual: Our attorneys prioritize the well-being of individuals under guardianship. We work to ensure their wishes and best interests are always represented.
Offering Legal Support for Guardians: Guardians often face complex decisions. We provide advice on fulfilling your responsibilities legally and ethically, minimizing the risk of disputes or misunderstandings.
Reviewing and Modifying Guardianships: If a guardianship needs to be modified or terminated, we’ll help you navigate the legal process to ensure the individual’s rights and circumstances are appropriately addressed.
Take the Next Step with Dillman & Owen Estate & Elder Law
We’re passionate about protecting the rights of individuals under guardianship while guiding families with care and expertise. Schedule a consultation today to learn how we can support you through this process. Together, we’ll ensure your loved one’s rights, dignity, and future are safeguarded.
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