Can I Take Steps Now to Avoid Guardianship in Indiana?

It can be difficult to consider a future in which you are no longer able to manage your own affairs. As you grow older, though, the possibility of cognitive decline or serious illness becomes more likely. If you lose the ability to make financial or medical decisions and have not prepared in advance, your loved ones may be forced to go to court and ask for guardianship over you. This legal process can be expensive, time-consuming, and emotionally difficult for everyone involved. Fortunately, with advance planning, you can retain control by naming trusted individuals now who can act on your behalf later should you become incapacitated. Toward that end, the Indianapolis attorneys at Frank & Kraft discuss steps you can take now to avoid guardianship in Indiana.

What Is Adult Guardianship in Indiana?

Guardianship is a legal mechanism designed to protect individuals who are no longer able to make informed decisions about their personal or financial matters. Under Indiana law, a guardian may be appointed to act on behalf of an adult who has been determined by a court to be legally incapacitated. The person placed under guardianship is known as the ward. Indiana recognizes several forms of guardianship based on the needs of the individual, including:

• Guardianship of the Person allows the guardian to make decisions related to housing, medical care, and other personal matters.
• Guardianship of the Estate gives the guardian control over the ward’s finances, including managing income, paying bills, and safeguarding assets.
• Plenary Guardianship grants full authority over both personal and financial decisions.
• Limited Guardianship provides more narrowly defined powers, allowing the ward to retain certain rights and responsibilities if they are still capable in some areas.

Guardianship may be necessary in cases of sudden illness, progressive dementia, or other conditions that impair judgment and capacity. But this process can often be avoided by putting the right documents in place before capacity becomes an issue.

Legal Planning Options to Help You Avoid Guardianship in Indiana

With proper planning, you can name someone to make decisions for you and specify how those decisions should be made, without the need for court oversight. Indiana recognizes several legal tools that can allow you to do just that, such as:

• Revocable Living Trust: A Revocable Living Trust offers another valuable tool for avoiding guardianship, especially for managing financial assets. When you create a trust, you typically name yourself as the initial Trustee and retain full control over the assets placed into the trust. A Successor Trustee is named in the document to take over management duties if you become incapacitated or pass away. This structure allows the Successor Trustee to act immediately without going to court. Because the assets are owned by the trust, they can be managed privately and efficiently without the delays or public exposure associated with guardianship proceedings.
• Durable Power of Attorney (POA): A Power of Attorney lets you designate another person—your Agent—to make financial and legal decisions for you. The most effective type for incapacity planning is a durable POA, which remains in effect if you become mentally or physically unable to act on your own behalf. Your Agent can handle tasks such as paying bills, managing bank accounts, signing contracts, or filing taxes. You can grant broad powers through a general POA or limit authority to specific transactions. Indiana law requires that the POA be signed, dated, and notarized. Choosing someone who is trustworthy, responsible, and financially savvy is essential.
• Health Care Representative and Advance Directives: Indiana law allows you to appoint a Health Care Representative to make medical decisions if you are no longer able to express your preferences. This document gives your chosen representative the legal authority to consult with doctors, consent to or decline treatments, and make decisions in accordance with your known wishes or best interests. You can also include an advance directive that outlines specific preferences regarding life-sustaining treatments, organ donation, and end-of-life care. Having this in place gives your family peace of mind and prevents disputes about your medical care if you cannot speak for yourself.

By being proactive with your estate plan, you can preserve your autonomy and provide clear guidance to those who may be called upon to help you in the future. Working with an experienced Indiana estate planning attorney is the key to ensuring that your documents are legally valid, tailored to your needs, and successfully allow you to avoid guardianship down the road.

Can We Help You Avoid Guardianship in Indiana?

For more information, please join us for an upcoming FREE seminar. If you need assistance with the steps you can take to avoid guardianship in Indiana, contact an experienced Indianapolis estate planning attorney at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.

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