Guardianship Information

Indiana Guardianship

The family law attorneys at Bernhardt Phillips are skilled at helping individuals in Indianapolis, and across Indiana, obtain guardianship over incapaciated minor children and adults. A guardianship authorizes an individual, or individuals, to make personal and financial decisions on behalf of an incapacitated party. A guardianship may be necessary in circumstances where a minor child is being cared for by grandparents, instead of the child’s parents. A guardianship may be necessary if one parent passes away, and leaves money or property to a minor child in their last will and testament. A guardianship may also be necessary whenever an adult family member becomes incapaciated, or otherwise reaches the age of majority without the ability to care for themselves. Whether a guardianship is appropriate for your situation is heavily dependent on the unique facts specific to your case. Contact the family law attorneys at Bernhardt Phillips to discuss your options for a guardianship today. 

Guardianship over the Person versus Guardianship over the Estate

Indiana has two (2) types of guardianships depending on the family’s needs; guardianships over the person and guardianships over the estate. Being granted guardianship over someone’s person would enable the guardian to make personal decisions on behalf of the incapacitated individuals. Being appointed as guardian over someone’s estate would enable the guardian to make financial transactions on behalf of the incapacitated individual. Sometimes it is necessary for a guardian to seek one or both types of guardianship depending on the situation. Contact Bernhardt Phillips today for your free guardianship consultation. 

Contested versus Uncontested Guardianships

When dealing with guardianship you will need to determine whether the matter will be contested or uncontested; meaning will the necessary parties sign consent forms for the guardianship to be granted or will someone try to challenge the issuance of the guardianship? For guardianships over minor children, the biological parent’s consent will be required in order for the Court to grant the guardianship. If the biological parent’s consent cannot be obtained, then the petitioner must prove that the parent’s consent is statutorily not necessary. The attorneys at Bernhardt Phillips will be able to help you determine whether a parent’s consent will be necessary in order to get guardianship. 

Call Bernhardt Phillips today, so we can get started on your guardianship matter.

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