Indianapolis, IN estate planning attorney Jessica Williams talks about when Guardianship is appropriate. She points out that guardianship becomes appropriate when an individual lacks proper estate planning documents, such as a valid and up-to-date general durable power of attorney, or when existing documents no longer fit their circumstances. For example, a document may be outdated, naming someone who is no longer able to serve because of incapacity, or it may otherwise be impractical. In such situations, the court system must be involved to establish guardianship, particularly in Indiana.

When pursuing guardianship, several important factors must be considered, including constitutional rights and due process. The process involves notifying relevant parties, obtaining necessary consents, filing appropriate documents with the court, and requesting a hearing. At that hearing, evidence must be presented to determine whether the individual in question can adequately care for themselves.

The evaluation may include whether the person has a safe living environment, can cook or use household appliances, or is struggling with activities of daily living. In some cases, the individual may be physically healthy but unable to make sound financial decisions due to cognitive decline. Guardianships can therefore be tailored: they may cover both personal and financial matters together or be separated, depending on the person’s needs.

Once established, the guardian assumes responsibility for those decisions on behalf of the individual and must provide regular reports to the court for as long as the guardianship remains active.