How do I file for adult guardianship in Indiana?
To pursue guardianship of an individual, who would be known as the ward or protected person, you need to file a Petition for Guardianship with the applicable court and receive an appointment from a Judge.
How much does it cost to file for guardianship in Indiana?
Filing fees vary by jurisdiction, but in Indiana at the time of this writing, the cost of a guardianship filing is $176.00. Finally, you must be sure to serve all relevant parties a copy of the petition, and properly notify them of any upcoming hearings scheduled by the court.
How do I petition the court for guardianship?
You can establish guardianship of a child by filing papers in court. Initially, file a petition stating your interest in obtaining guardianship along with a filing fee. You’ll also want to file a letter of consent from the child’s parents.
How do I terminate adult guardianship in Indiana?
You will need to complete a Petition to Terminate Guardianship, and a Citation or a Notice of Hearing. You may also need to provide other documents depending on your situation….Some common forms that must also be submitted to the court are:
- Final Accounting.
- Doctor’s Letters.
- Other State’s Guardianship Papers.
How do I get guardianship in Indiana?
File a Petition for Guardianship with a court with probate jurisdiction and notify the allegedly incapacitated person, all close family members, and any person or institution having care or custody of the allegedly incapacitated person during the 60 days preceding filing of guardianship petition. Pay the filing fee.
How do I get guardianship of my 18 year old?
Steps to take to obtain guardianship
- Fill out forms at probate court and ask for a hearing.
- The court will determine when you’ll need to be present for a hearing to determine guardianship.
- The adult child will be evaluated by a doctor or other mental health professional to determine how well you make decisions.
How hard is it to terminate guardianship in Indiana?
Unfortunately, once the court establishes a legal guardianship, it can be difficult to end, or “terminate,” the guardianship. If the guardians do not agree to end the guardianship, then you will need to file a “Petition to Terminate Guardianship” with the guardianship court.
Does an 18 year old need a guardian?
After your child’s 18th birthday, you are no longer his/her legal guardian, even if your child has a disability. According to the law, all persons 18 years old and older are presumed competent, that is, able to make decisions about health care, finances and other important areas of life.
How do I get guardianship over my parents?
If you have a parent who you think is in need of guardianship, you’ll need to obtain a physician’s certificate or doctor’s letter. After an application is filed, the court will then go through its standard guardianship proceedings to determine whether you are fit to be a guardian.
Can someone over 18 have a legal guardian?
A guardianship may be needed over an adult if the adult is incapacitated, meaning the person is unable to take care of himself or herself due to mental illness, mental deficiency, disease, or mental incapacity. There are a number of alternatives to guardianship that may work better than a court-ordered guardianship.
Do I need a guardianship attorney?
Although an individual seeking guardianship for another may do so without the use of an attorney, the advice of legal counsel may be beneficial. The involvement of an attorney can be helpful where the alleged person with disabilities objects to guardianship or where complicated personal or financial issues are presented to the court.
What is a guardianship proceeding?
Guardianship is a court proceeding in which a Judge gives someone who is not the parent: Custody of a child under the age of 18. This type of Guardianship is called “Guardianship of the Person”. Power to manage the child’s income, money, or other property until the child turns 18.
What does a guardianship attorney do?
A guardianship lawyer may represent the petitioner or the ward throughout the guardianship process. Within the United States, state laws determine what type of guardianships are allowable, as well as the procedure for petitioning to be appointed a guardian.