Indiana residents should know that a guardianship is a legal device that gives a person or some other party to make decisions on behalf of a ward. The courts usually designate guardians in situations in which a person is disabled or incapacitated. Unless there are medical directives or a durable power of attorney that has already been prepared when someone becomes incapacitated or disabled in some way, it will be up the court to choose a guardian to be responsible for making non-financial and financial decisions for that person.
Having someone to make responsible financial decisions on behalf of people who unexpectedly becomes incapacitated can help avoid financial complications. Real estate, investments and other types of assets can decrease in value if they are not managed for a long period of time. A guardian would also be responsible for paying bills, making sure that liabilities do not accumulate while the ward is incapacitated.
Individuals with physical and mental disabilities or incapacities may have extreme and life-long conditions that can impair how well they are able to take care of themselves, communicate verbally, support themselves financially or live without needing substantial assistance from others. Individuals with such disabilities may require multiple services or treatments.
Guardians for a disabled person can help their wards with becoming more independent. Reasonable limitations are placed on guardianships so that the wards can have as much control over their own lives as they can. The preferences of the wards are prioritized, and they are permitted to provide as much of their own caregiving as they are mentally and physically capable of doing.
Indianapolis, Indiana attorneys handling adult guardianships may assist clients with establishing a guardianship for a disabled loved one. A lawyer might help clients complete the necessary paperwork to file with the court to petition for a guardianship.