In our state, adult guardians and guardianships refer to a designated person or entity who is appointed by a court, usually a family court, who is responsible for the care and supervision of an adult. They can also be appointed to care for that person’s Mooresville, Indiana, property. In either situation, it is because the person is incapacitated (called a ward or protected person) or not able to care for themselves or their property, and it is based on Indiana Code Section 29-3-1-6 (and 29-3-1-7.5(2),(3)). However, it can also be included in an estate plan as well.
The specific responsibilities of the Mooresville, Indiana, guardian is outlined by the court that empowered the guardian. However, generally, the guardian is responsible for protecting and caring for their ward. This means ensuring that their property, assets and finances are preserved and managed. They also must keep the court informed.
Scope of power
The scope of their power is limited by the court. But, usually, they can enter into contracts, consent to medical care, agree to living arrangements, manage finances, etc.
The courts are actually required to limit the guardian’s power to encourage self-reliance, self-improvement and independence. However, this is to the extent that is reasonable and practicable, and that is in the best interest of the ward. And, unless the court explicitly takes the ward’s power away, the ward still retains their power to vote, challenge the guardianship designation, seek the end of the guardianship, request a different guardianship and visit with Mooresville, Indiana, friends and family.
Guardianship modifications and terminations
Guardianships can last for the life of the ward or the extent of the incapacitation. However, it is also at the court’s discretion to terminate it as well, which can be done by petition to modify or terminate the Mooresville, Indiana, guardianship.