Guardianship
Court Appointments to Advocate
Following training, Volunteer Advocate for Seniors or Incapacitated Adults volunteers are appointed by a judge in Johnson or Shelby counties to advocate for incapacitated adults unable to manage their own financial assets or personal affairs.
A guardianship is a serious legal proceeding; and Indiana is one of only a few states without a state-supported public system of providing adult guardianship services.
Types of Guardianship
Indiana law has established the concept of guardianship to address situations in which people need a third party to manage some or all of their affairs. Legal guardianship for an adult in Indiana arises when a disabled minor reaches age 18 or an adult experiences physical or mental incapacity later in life. Family law in Indiana directs the exercise of guardianship powers, although probate and trust laws can sometimes involve guardians.
Guardianship of the Person
This aspect of guardianship benefits the protected person by assisting them with making decisions about their general care, accessing services they need, making medical decisions and determining what level of care they may need in a residential facility. Guardianship also helps the protected person apply for governmental benefits in which they may be eligible.
Guardianship of the Estate
This aspect of guardianship involves helping the person protect their assets by ensuring they are secure.
Advocate For The Senior or Incapacitated Adult
The guardian will advocate for the protected person’s rights to live as they have intended as long as they are safe. Guardians will also advocate for maintaining the protected person’s independence and dignity to highest degree possible.
Guardianship FAQ
Answers to questions about guardianship.
What is the legal definition of an incapacitated adult?
A person who cannot manage property sufficiently, provide self-care, or both could meet the legal criteria for identifying an incapacitated person as described in Indiana Code 29-3-1-7.5. Possible reasons for incapacity are:
- Mental illness
- Insanity
- Development disability
- Mental deficiency
- Physical disease
- Infirmity
- Habitual drunkenness
- Excessive drug abuse
- Incarceration, confinement, or detention
- Duress
- Undue influence
Primary reasons most often cited within guardianship petitions include dementia, physical illness, developmental disability and traumatic brain injury.
How is an adult guardian chosen?
A court will evaluate the fitness of a person or organization that petitions for guardianship of an individual. A guardian may be a reasonably functional adult, government agency or corporation.
After someone files a petition for guardianship, notice must be given to all interested parties and a hearing scheduled with a court. VASIA of Johnson and Shelby Counties assists with this process.
At the hearing, the judge will confirm the person’s incapacity and the suitability of the proposed guardian. Upon approval, the judge will issue a court order that establishes the guardian’s legal responsibilities toward the ward or protected person. A court maintains the power to terminate a guardianship or replace a guardian.
What are the primary responsibilities of a guardian in Indiana?
A guardian may make all or some of the necessary life decisions for an incapacitated person depending on the court order’s scope.
Duties generally fall into the three categories of health care decisions, financial management and seeking disability benefits for the ward.
Courts typically expect guardians to prepare reports about their activities on behalf of the individual to confirm that a ward’s finances and personal needs are being looked after appropriately.
Where can I find more information about guardianship?
Check out our Resources page.
Guardianship Referral
To refer someone for guardianship please click to download and complete the following file, then submit to Lauren Rynerson at lrynerson@co.johnson.in.us.
DOWNLOAD FORM
Knox Box Program
Shelby County VASIA of Johnson and Shelby Counties has partnered with several local area fire departments to provide a Knox Box to those in need. This program provides emergency response to reach key access faster without damage to the property.
Please note that White River Township in Johnson County no longer has Knox Boxes available.