Helping Loved Ones Who Lack Capacity
When someone is "incapacitated" - not able to take care of himself or herself or the property - the court can appoint a guardian to act on behalf of the incapacitated person.
A guardianship can be an important way for a family to help take care of a loved one. However, it is also a significant decision to pursue a guardianship, and one that can affect the autonomy of the protected person.
Once a guardian is appointed, there are also certain limitations on the guardian's authority, and accounting requirements. At Shambaugh, Kast, Beck & Williams, LLP, we have experience and expertise in helping our clients at all stages of a guardianship proceeding. We also work with our clients, in the planning process, to seek out solutions and alternatives to guardianship arrangements.
If you are dealing with issues involving a guardianship, power of attorney or other similar probate-related agency relationship, contact us. Our Fort Wayne guardianship lawyers are available to answer questions for you, or help you with any aspect of the guardianship relationship. For more than 30 years, Indiana clients have trusted Shambaugh, Kast, Beck & Williams, LLP, to help with the complicated issues surrounding guardianships.
About Guardianships in Indiana
We can help with all facets of the guardianship arrangement, including:
Establishing a guardian: We can help you navigate the legal process required to be appointed as guardian, and do so in a way that is properly respectful of your loved one's dignity.
Fighting a guardianship: The appointment of a guardian will result in a loss of certain rights of the protected person. Not every situation warrants or requires the appointment of a guardian. If you feel that the appointment of a guardian is not necessary, we can assist you in contesting guardianship proceedings and preserving the rights of a protected person when appropriate.
Accounting and compliance: If you are designated to be a guardian, we can help comply with the strict fiduciary duty that comes with this designation, including accounting and taxation issues.
Probate litigation and mediation: Disputes are common in the context of guardianships. Whether you are fighting a guardianship, fighting to establish a guardianship or dealing with a dispute regarding a guardian's breach of fiduciary responsibility, we have the experience and skill to represent your interests in court or in the course of alternative dispute resolution.
In all of our practice areas, including guardianships, we do everything possible to find the most amicable, efficient solution available. If we can solve a guardianship dispute through mediation, we will. If the case cannot be solved simply in this way, we have the skill and experience to represent you in litigation, as well.
For an initial consultation with one of our experienced Indiana guardianship attorneys, call our Fort Wayne office or contact us online.