determine the location of the minor inside or outside Indiana, if this complies with IC 29-3-9-2. (3) The power to initiate proceedings or take other appropriate measures to compel the minor to fulfil his or her obligation to assist the minor or to pay for his or her education, health or welfare. (4) The power to consent to medical or other professional care and treatment for the health and well-being of the minor. (5) The power to consent to the marriage or adoption of the minor. (6) Where appropriate, the power to delegate certain responsibilities to the minor for decisions concerning his or her business affairs and welfare. (7) The power to acquire a house for the minor or his relatives, to protect the minor`s existing house or to protect the minor`s interests in immovable property in which the minor may have a contractual or other interest, or to acquire any other interest in immovable property, if the court determines that the purchase is in the best interests of the minor. (8) The powers relating to guardianship property granted to a guardian in accordance with section 4 of this chapter in respect of guardianship property. (9) The power to bind all or part of the guardian`s property in a transaction for the benefit of the minor, unless the third party dealing with the guardian is acting in bad faith. (10) If the minor has no living parent other than a disabled parent, the powers conferred on the parent of a minor under ICs 29-3-3-3(1) to IC 29-3-3-3(8). (b) The guardian (other than a temporary guardian) of an incapable person shall have all powers necessary to perform the functions of the guardian, including those relating to the incapable person and the property of the disabled person, regardless of the location of the property, granted to the guardian of a minor listed in paragraphs (a)(1) to (a)(9).
Added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.11. Indiana law requires a legally appointed guardian to report regularly to the court on the finances and property of the person in need. Once you have been appointed guardian, you have 90 days to file a return listing all the assets of the person you are helping. In addition, you must file financial reports every two years detailing changes to the person`s finances. Court-ordered reports such as these are not required for proxy appointments. Case law updates are summaries of decisions published by the Indiana Supreme Court and Indiana Courts of Appeals. They include discussions on children`s legal issues relating to guardianship and custody of others. In the synopsis, fonds considered important for the themes of guardianship and custody by third parties are printed in bold. These updates do not replace a thorough review of case law on the subject and individual opinions by an Indiana licensed attorney. Cotutelage is when two people are appointed to act as guardians for someone at the same time. In other words, two people share guardianship responsibilities.
A power of attorney from a loved one can give you legal options similar to guardianship. However, these two things are very different. The main difference is that you voluntarily receive a power of attorney from the other person and are under legal guardianship by the court. A court may consider the wishes of the person in need, but it will make a guardianship decision based on the best interests of the person, which may even violate the wishes expressed by the person. While both legal steps create a trustee who must take care of the other person`s health or property, a power of attorney can be terminated at the grantor`s request, but the person in need cannot simply terminate their relationship with a court-appointed guardian. I`m thinking about giving guardianship of my children to a friend because I can`t take care of my children right now. What happens if I do this? You may have a close adult family member who needs constant care. This person could be someone, for example: Your parents or your adult child. There are many reasons why you may need to establish a formal court-appointed guardianship for an adult family member. Indiana law allows courts to grant guardianship to adults if it is determined that the person is incapable of making or making reasonable decisions about their health or property. However, it can be difficult to establish adult guardianship if the person in question does not want a guardian. A competent guardianship attorney in Indiana can not only prepare your guardianship application, but also represent you in court.
I can`t take care of my kids right now, what else could I do but give guardianship to my boyfriend? IC 29-3-8-6.5 Separation of common-ownership property with survivors` rights or use of multi-party account assets Paragraph 6.5. (a) When (1) a guardian takes possession of property that: (A) is held jointly or titled on behalf of the protected person and another person with survivor rights; or (B) is held as a multi-party account with another person as a co-owner or beneficiary; (2) the tutor (A) separates the co-ownership from the property; or (B) uses the assets of the Multiparty Account; and (3) the protected person subsequently dies while alive; The other person may elect to receive property from the protected person`s estate for an amount determined in accordance with paragraph (b).