Merrillville Guardianship Lawyers
When it comes to guardianship, getting the right outcome for your family is critical. Our team is dedicated to providing results-driven, reliable and personable legal representation. With over 25 years of experience in family law, Robert Plantz leads our team with a wealth of knowledge and a welcoming approach. Our attorneys will be attentive to your needs and committed to being the lawyers you can count on in Merrillville.
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What Is A Guardianship?
A guardianship is a crucial legal relationship established to protect individuals who cannot care for themselves. This relationship is approved by a judge in either family or probate court. Once established, the guardian makes legal, medical and financial decisions on behalf of the ward. There are several types of guardianship, including guardianship of property, temporary guardianship, testamentary guardianship, limited guardianship and guardian ad litem. The type of guardianship you receive can limit the nature and scope of power you have over the ward. Appointed guardians must provide annual reports on the ward’s financial affairs, ensuring accountability and transparency.
Choosing a guardian is a big responsibility. The court considers factors such as the candidate’s character, history and physical capacity. The selected guardian, often a family member or someone familiar with the ward, must be willing and able to make sound decisions for their well-being.
How Can You Navigate Emergency Or Temporary Guardianship In Indiana?
To seek a guardianship, you must petition the court in the county where the protected person lives. You must clearly demonstrate that an immediate threat to their health or assets exists.
The court will typically grant temporary guardianships in situations involving:
- A sudden medical crisis
- Substance abuse or relapse
- The death of a primary caregiver
In Indiana, if you can prove an immediate danger or irreparable harm, the court can grant an emergency guardianship within 24 to 48 hours. Sometimes, they can do so via an ex parte proceeding without prior notice to the protected person. These appointments are limited to 90 days while the parties involved determine a permanent solution.
How Does Lake Handle County Guardianships For Incapacitated Adults?
Guardianships for adults can vary. A guardianship of the person involves health care and welfare decisions, while the individual who’s granted guardianship of property, also known as conservatorship, handles financial matters. Temporary guardianship addresses relatively short-term emergencies, while limited guardianship offers support in specific areas. A guardian ad litem is appointed during court proceedings to protect an incapacitated person’s interests.
In Lake County, the process involves following local probate rules. These include filing a mandatory guardian’s information sheet on green paper and providing a physician’s statement to verify incapacity. The Lake County Superior Court also requires signed instructions to guardian forms. These serve as court orders outlining the guardian’s duties over the person or the estate.
Guardianships For Minor Children In Lake County
When parents cannot make decisions for their children, a legal guardian steps in. This guardian, appointed by the court, makes crucial decisions regarding the child’s care and well-being. The court prioritizes the child’s best interests, often selecting a guardian with a familial connection to ease the transition.
In Lake County, the process involves filing a petition, attending hearings and considering the proposed guardian’s suitability. Before granting the petition, the county often requires a background check and a home study to determine whether the petitioner can provide a stable environment. Further, Lake County judges often require that any minor over the age of 14 be present at the hearing to express their own preferences regarding the guardianship.
While guardianship does not terminate parental rights, it does grant the guardian the authority to make decisions for the child. Parents may maintain a relationship with their child as circumstances allow.
Where Are Guardianship Hearings Held Near Merrillville, Indiana?
Guardianship hearings for Merrillville residents are held at the Lake County Government Center in Crown Point, located at 2293 N. Main Street. Since Merrillville does not have its own probate court, the civil division of the Lake County Superior Court hears its cases. Proceedings usually take place in the probate courtrooms within the government center complex. Because court schedules and room assignments can change, verify your specific hearing location with the Lake County Clerk’s office or via the state’s online court portal before arriving.
How Can A Merrillville Guardianship Lawyer Help With Your Case?
A Merrillville guardianship lawyer helps you with the complex process of establishing a guardianship without unnecessary delays or procedural errors. They help you to:
- Follow all local rules and steps
- Gather compelling evidence, such as medical records
- Protect the ward’s rights while helping you fulfil your duties
- Assist with ongoing reporting and accounting compliance
- Advise on terminating guardianships or modifying the terms
With the counsel of a guardianship attorney, you can focus on providing care while your lawyer takes care of the filings and court appearances.
Schedule A Free Consultation With A Merrillville Guardianship Attorney
For people seeking guardianship, we offer free initial consultations. Contact us at 219-561-0263 to learn how our Merrillville guardianship attorneys can assist you.