Trusts and durable powers of attorney can appoint financial guardians and health care conservators to help avoid living probate should you become incapacitated due to an accident or illness. Similar to the probate process after death, it takes away your control and is expensive, public, time-consuming, and stressful. But it can be avoided.
Adults with Disabilities
If you become incapacitated during your lifetime and don’t have a trust with disability provisions and an up-to-date power of attorney, your loved ones will need to go to court and request a guardianship or conservatorship proceeding. The judge may or may not select someone you trust to manage your assets on your behalf. Sometimes the court chooses an attorney – a stranger – to act as guardian/conservator.
Guardianship for Minors
Parents are usually a minor’s legal guardians. They are responsible for making decisions to protect or maintain their child’s welfare. Sometimes, however, a child’s parents can’t act as guardians, so someone other than a parent is chosen to make legal decisions on their behalf. In these cases, a guardian is selected voluntarily by the family or appointed by the court. This person must have the minor’s best interests in mind and will likely have ties to the family.
Our attorneys do whatever we can to help you stay out of court and out of conflict. Should court be necessary or unavoidable, we’re ready and well prepared.
The Law Office of Matthew Allen has over 20 years of legal experience helping clients in Indiana understand estate planning, elder law, guardianship, special needs planning, Veterans planning, and probate. Attorney Matthew Allen is accredited by the United States Veterans’ Administration to represent Veterans and is a member of the Elder Law and Real Estate Sections of the Indiana State Bar Association.
TO ASSISTING YOU
The Law Office of Matthew Allen, LLC
688 East 63rd Street
Indanapolis, IN 46220