A guardianship can be granted over another adult if the court finds that the adult is “incapacitated,” and the appointment of a guardian is necessary as a means of providing care and supervision of the physical person or property of the incapacitated person. The protected person is called a “ward.”
Unless limited by the court, a guardian is responsible for providing or supervising the protected person’s care and ensuring their property, finances, and assets are properly preserved and managed. Guardians are also generally required to regularly submit reports to the court about the ward.
Yes, there are other options, and the least restrictive alternative should be used. Possibilities include:
- Informal supports
- Supported Decision-Making Agreements
- Authorizations to share information
- Team-based or shared decision-making
- Power of Attorney (POA)
- Healthcare Representative
- Educational Surrogate
- Living wills and advance directives
- Protective order
A guardianship over an incapacitated adult typically remains in place for the life of the protected person. However, Indiana law requires the termination of such a guardianship when the
protected person dies, or is determined by the court to no longer be incapacitated.
If you don’t think you need a guardian, you will need to file a motion in the court that granted the guardianship asking that court to terminate the guardianship because it is no longer necessary. You will usually need a doctor’s statement that says you do not need a guardian.