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  1. #1
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    May 2011
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    Default Guardianship of a Disabled Adult Child

    My question involves guardianship in the State of: Indiana

    What is the process of obtaining guardianship of a disabled adult child? My daughter is 19 and is disabled. Do i need to hire an attorney? Can papers be filed in court without an attorney? Thanks in advance.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Guardianship of a Disabled Adult Child

    Here's an overview.
    Quote Quoting What Is The Process For Becoming A Guardian?
    Retain an attorney to help with the paperwork and guide you through the process.
    * Have a thorough understanding of the protected person's health and finances.

    * If the person is incapacitated by health conditions, obtain a Physician's Report or letter from the person's physician verifying that he or she cannot manage finances or make other personal decisions.

    * File a Petition for Guardianship with a court with probate jurisdiction and notify the allegedly incapacitated person, all close family members, and any person or institution having care or custody of the allegedly incapacitated person during the 60 days preceding filing of guardianship petition.

    * Pay the filing fee.

    * If the allegedly incapacitated person consents to the petition, or is unable to respond to inquiries due to disability, the court will hold a hearing at which witnesses will provide sworn testimony to support the allegations in the petition. If the evidentiary basis is deemed sufficient, the guardian will be appointed.

    * If a guardian is appointed, the judge will issue the guardian legal documents (often called "letters of guardianship") permitting the guardian to act on behalf of the legally incapacitated person. (IC 29-3-7-3)

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