The Role and Responsibilities of a Guardian in Indiana

April 3, 2024

Guardianship is a legal arrangement designed to protect individuals who are unable to make decisions for themselves due to age, illness, disability, or other incapacitating factors. In Indiana, the role of a guardian is a significant one, carrying with it a range of responsibilities aimed at ensuring the well-being and best interests of the individual under their care. At Applegate & Dillman, our team of Indianapolis guardianship attorneys is well-versed in the laws and regulations governing guardianship in Indiana and can guide the role and responsibilities of guardians.

One of the primary responsibilities of a guardian is to make decisions on behalf of the incapacitated individual in areas such as healthcare, housing, and finances. This includes decisions about medical treatments, living arrangements, managing assets, paying bills, and other important matters. The guardian is tasked with acting in the individual's best interests and making decisions that promote their welfare and quality of life.

Guardians have to make sure that the individual's basic needs are met, including food, shelter, clothing, and medical care. This may involve arranging for appropriate housing, coordinating medical appointments, and ensuring that the individual has access to necessary support services and resources.

Guardians are required to keep accurate records of their actions and decisions on behalf of the incapacitated individual. This includes maintaining financial records, documenting healthcare decisions, and providing regular reports to the court as required by law. Transparency and accountability are essential aspects of the guardian's role, and failure to fulfill these obligations can have serious legal consequences.

Another important responsibility of a guardian is to advocate for the rights and interests of the individual under their care. This may involve representing the individual in legal proceedings, making sure that their wishes and preferences are respected, and protecting them from exploitation or abuse. Guardians have a legal obligation to act in the individual's best interests at all times and to advocate for their rights and dignity.

In some cases, guardians may also be responsible for managing the individual's finances and assets. This includes overseeing bank accounts, investments, and other financial matters, as well as ensuring that the individual's financial resources are used appropriately for their care and benefit. Guardians must exercise diligence and prudence in managing the individual's finances and may be held accountable for any mismanagement or misuse of funds.

It's important to note that the role and responsibilities of a guardian can vary depending on the specific circumstances of the case and the terms of the guardianship order issued by the court. Guardianship is a serious legal matter that should not be taken lightly, and individuals appointed as guardians should seek guidance from experienced legal professionals to ensure they understand their duties and obligations fully.

Contact Applegate & Dillman Today 

At Applegate & Dillman, our Indianapolis guardianship attorneys have extensive experience representing guardians and advocating for the best interests of incapacitated individuals. If you have questions about the role and responsibilities of a guardian in Indiana or need assistance with a guardianship matter, contact us today to schedule a consultation. We're here to help you navigate the complexities of guardianship law and ensure the well-being and protection of your loved ones.

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