At some point, many families find themselves forced to consider a guardianship for a family member. This is often a difficult decision and could arise from many circumstances. An elderly parent may have become unable to manage their finances. An adult child may have become too ill, physically or mentally, to care for themselves. An orphaned child will need a guardian. The court will appoint the guardian to manage the affairs of the person needing care.
A guardian of the person can be responsible for a person, an estate or both. Often, the appointed guardian will be an adult child of elderly parents. The guardian will handle financial matters, pay bills or manage investments, etc., for the benefit of the other person. Medical care will be scheduled and monitored. In the case of an elderly parent, it may be necessary to sell their home when they are no longer able to continue living in it.
Someone may petition the court for an appointment as the guardian over an incapacitated person’s estate. In order to be successful in the petition, the petitioner must prove to the court that this guardianship would be in the best interest of the person said to be incompetent. He/she must explain the relationship between the two people, why he or she would be a good choice and give examples of unreasonable decisions made by the alleged incompetent person that had bad outcomes.
If the court is not satisfied that an alleged minor or incapacitated person is adequately represented, the court may appoint a guardian ad litem. This is normally a lawyer who investigates the matter and tells the court what was discovered. The guardian ad litem will ensure that the proposed guardian is able to properly care for the property of the protected person.
Feavel Law Office focuses on the areas of family law, bankruptcy, entertainment law, real estate and transactional law and personal injury. Both family and civil mediation services are offered. Jonathan Feavel has been practicing law since 1994 and had been a Family Law Mediator certified by Indiana by more than twelve years. Andrew Porter practices law primarily in cases involving criminal and family law, real estate and civil litigation. Anyone looking for an experienced family law attorney in Washington, Indiana should contact these experienced attorneys.
