No, not necessarily. Guardianship generally lasts until the child`s 18th birthday, unless the court terminates the guardianship before the child`s 18th birthday. It can be difficult to convince the court to end the guardianship before the child`s 18th birthday (unless everyone agrees to end the guardianship). Permanent guardianship generally lasts until the ward reaches the age of 18 or the court terminates the guardianship. It is difficult to convince the court to terminate guardianship while a child is still a minor if all parties do not agree. Permanent guardianship usually occurs when a parent dies or is imprisoned for several years. 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. In Indiana, guardianship allows a person who is not the parent of a child to legally control and have custody of that minor child. The guardian makes all decisions concerning the child and is legally responsible for it. Indiana courts offer temporary and permanent guardianship for children. They provide short-term temporary guardianship – usually about 90 days – that applies to situations where there is an opportunity for improvement in the child`s home.
Our legal team at Hessler Law understands how important it is for you to have all the assets you need to care for your loved ones. To speak with an experienced lawyer, contact our office at (317) 886-8800 to schedule a free case evaluation. Limited tutorship allows the probate court to appoint a person as guardian only for the part of a person`s life where the person is both incompetent and has a need. Therefore, there may be a limited guardian appointed solely for medical purposes (i.e. consent to medical procedures) or solely for placement purposes or for the limited purpose of approving behavioral plans and/or psychotropic medications. This is the least restrictive form of guardianship and should be used whenever possible. Guardianship is when someone (other than the child`s parents) has custody and control of your child. The guardian has the right to make all decisions concerning the child and is legally responsible for the child. If the child`s parent has custody and control of the child, it is called “custody.” If someone other than the parent has custody and control of the child, this is called “guardianship.” Under Indiana state law, adults still have basic rights under guardianship.
These are: Anyone with a legal interest in the child, such as a close relative, has the right to support or oppose the applicant and tell the court why they think they are a more appropriate guardian. A person who wants to become a guardian of a child must first go to court and file an application for guardianship. Once the court has accepted the application, it establishes a guardianship hearing. During the hearing, the applicant must provide evidence to support his or her assertion that he or she is the best option for the minor in need of care. After transferring legal guardianship to another person, if that person does not agree to terminate the guardianship, you must go back to court and prove to the court that the guardianship should be terminated. If it is in the best interests of the ward, the court will limit the guardianship, decision-making or degree of authority of the guardian in order to promote the autonomy and independence of the protected person. A person who wishes to be a guardian may also request limited control over the protected person. Judicial proceedings to designate a person responsible before the court for caring for a disabled person or minor and/or managing the property of that person. I give custody of my children to someone else, do I have to pay child support? Your Indiana guardianship attorney can accompany you to a court hearing to determine if you will get guardianship of the child in question. Among the many elements that the court considers in its decision, some are the following: There are other alternatives to guardianship. You could just allow your kids to live with your boyfriend.
There are forms you can fill out so that your children can live with a third person and go to school in that person`s school district. The school generally cannot require the third party to receive legal guardianship if you and the third person have completed this form. (See the link to school forms on the right side of this article). This website does not constitute professional legal advice. Access to the information on this website does not create an attorney`s relationship between the viewer and Derelle Watson-Duvall Children`s Law Center of Indiana. Viewers should consult their own attorneys before bringing or refraining from taking legal action based on any content on this website. 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.