How to get Guardianship / Letters of Guardianship

I've stressed in previous blog postings the importance of having an experienced attorney prepare valid Power of Attorney documents so that your designated family member or loved one can step in and legally manage your affairs should you ever become incapable of doing so. What happens if your loved one has (1) failed to take this advice, (2) is no longer capable of executing a Power of Attorney document, (3) needs someone to take over financial and/or medical decision making and (4) there is no valid written Power of Attorney document to be found?

If this has happened to you, then it's likely that the only solution to the problem is to have a probate court in the county of residence of the incapacitated person appoint someone to be a legal guardian.

In a nutshell, here's how the process works:

First, a determination must be made that the prospective ward is no longer able to manage his/her own affairs. It is helpful is this determination is made in conjunction with the prospective ward's treating physician or family doctor.

Second, after consulting with a qualified attorney, the attorney representing the prospective guardian will draft a Petition for Appointment of Guardian to file with the appropriate probate court. The court will then set the matter for a hearing at which the prospective guardian, the attorney, and the prospective ward (if he or she is able to attend) will appear before the court. The attorney will examine the relevant witnesses and enter their testimony into evidence so that the Court can make the necessary findings to enter a guardianship order.

Finally, If the Court finds that the legal standard has been met, then the Court will enter an order appointing guardian, and ordering that the County Clerk issue Letters of Guardianship. These Letters of Guardianship are the documents that banks, investment brokerages, and other institutions will require to prove that the guardian has legal authority to act on behalf of the ward.

If there are time-sensitive issues that must be addressed before it is practical to obtain a court hearing, then the prospective guardian may also petition the Court for emergency temporary guardianship which will give the guardian the authority to act in the interim until a formal permanent guardianship hearing can be held.

While this process may seem cumbersome, it is usually relatively easy to navigate so long as you are represented by experienced legal counsel. If you are struggling with these issues on your life, I urge you to contact an attorney and discuss your options and potential strategies before acting on your own and potentially creating unnecessary problems. If you are in Indiana, and have questions about guardianships, power of attorney, estates and estate planning, or other legal matters, please feel free to contact us at (317) 575-8222, or visit our website for more information at www.halcombsingler.com