Indianapolis Guardianship Attorney
Guardianship of Elderly of Incapacitated Adults
It is a sad fact that aging can leave a person without the ability to think clearly or make rational decisions. Whether a case of dementia, Alzheimer’s or other health or mental condition, it may be necessary to gain guardianship over an elderly parent or an incapacitated adult family member. When a person loses the ability to make rational decisions, attaining guardianship is important.
Guardianship: The Legal Process
A guardian is appointed by the court. It is a legal process to establish that the elderly or impaired person does not have the capacity to make rational decisions. A guardianship may be sought for an elderly loved one or an adult who has disabilities affecting cognitive abilities. To achieve guardianship involves presenting a physician’s statement about the condition of the person, fully outlining his or her mental limitations.
A petition will be filed with the court, and a hearing will be held to either award or deny guardianship. Once the petition for guardianship is awarded, the guardian holds the right to make all decisions for the person, including on healthcare, financial matters, and living arrangements. The person is now known as a “protected person.”
At Trapp Law, LLC, we can assist you through the process of seeking guardianship of a loved one, whether an elderly parent or an incapacitated adult. This process will allow you to make all the critical decisions for your loved one – and protect them from harm.
In some cases, a guardianship is contested by another family member or the person themselves. In these cases, it could not be more important that you have the assistance of a skilled lawyer, familiar with state law and who will present a comprehensive case to the court. Hopefully, your petition for guardianship will not be challenged, but if this occurs, you can trust Trapp Law, LLC to manage this difficult legal matter with a high level of professional skill.
The Duties of Guardianship
It may be important to the future health and wellbeing of a loved one to be protected through guardianship, but it does involve many duties and responsibilities. You will be required to manage that individual’s personal affairs and property – and will be required to report to the court, filing an inventory of all assets within 90 days of your appointment.
The Elderly are at Risk
Many unscrupulous people prey upon the elderly. They may call and engage in conversation, convince a person with a limited mental capacity to do things they would never have considered in their earlier years. These scams are rampant in the USA, and your elderly relatives must be protected. These scams include “advance fee scams,” Nigerian 419 fraud schemes, financial scams of all types, reverse mortgage scams, and IRS impersonation scams to name just a few. If your relative has lost the ability to evaluate these issues and falls prey to a scam, a large portion or all of an estate can be lost and never recovered. Guardianship protection may be necessary.
Trapp Law, LLC: Guardianships
If you have concerns about an elderly loved one or a family member who has developmental disabilities or who suffered an accident and can no longer make rational decisions, this is a sad, stressful and difficult situation. At Trapp Law, LLC, we are here to guide you through the legal process. We are responsive, professional, and offer this legal service at affordable rates.