Vulnerable loved ones need our protection. Unfortunately, we are often unable to provide the help they need unless we have legal authority to act on their behalf. If there is someone in your life who needs the protection of a guardian, Patterson Law LLC in Fort Wayne can help. We represent responsible individuals who want to become legal guardians for a child or an adult who does not have the capacity to live independently. Under the leadership of board-certified family law attorney Rex Patterson, our legal team provides professional advocacy that gets positive results.
Guardianship is legal authority to exercise control over another person or that person’s property. There are two types of guardianship in Indiana:
Guardianships can be temporary and time limited. For example, a single parent can request that the court appoint a temporary guardian for a week’s time, while the parent undergoes surgery and takes time to recover. However, most guardianships last until the reason for the guardianship no longer exists.
In Indiana, there are three types of wards:
The strategy for obtaining a guardianship varies depending on the circumstances of both the prospective guardian and ward. Our family law attorney is adept at reaching agreements, so that the court proceeding may become a mere formality.
A person wishing to become a guardian must first petition the court to grant a guardianship. The court holds a hearing to decide two issues: whether a guardianship is warranted and whether the petitioner is the right person to be the guardian. On both issues, the overriding consideration for the court is the best interests of the ward.
If a minor child is mature enough, the court can consider the child’s opinion of the proposed guardian. When an older adult does not want to be made a ward, the court may hold a hearing to consider the adult’s capacity as well as the would-be guardian’s motives. Each side is entitled to legal counsel.
Patterson Law LLC in Fort Wayne represents Indianans in proceedings to establish guardianships for minors and incapacitated adults. To schedule a consultation, please call 260-247-8383 or contact us online.