Who will be my guardian? Most of us assume we’ll always be able to make our own decisions. But what if an accident, illness, or age-related decline changes that? Who steps in when you can’t speak for yourself?
That’s where guardianship comes in—and it’s not something to leave to chance.
At Vick Law, we help families across Greenwood and South Indianapolis understand how guardianship works, when it’s necessary, and how to avoid painful court battles down the road. Whether you’re caring for aging parents, a child with special needs, or planning for your own future, understanding guardianship is one of the most loving steps you can take.
What Is Guardianship?
According to Elder Law Answers, guardianship may be necessary when a person is no longer able to make informed decisions about their personal or financial affairs due to illness, disability, or cognitive decline (Jackson, 2023). Guardianship is a legal arrangement where someone is appointed by the court to make decisions for another person who is no longer able to do so on their own. That might include decisions about medical care, housing, finances, or daily needs.
The person being cared for is called the “ward,” and the appointed decision-maker is the “guardian.”
When Is Guardianship Needed?
Guardianship may become necessary in cases like:
- An aging parent with dementia or Alzheimer’s who can no longer manage their care or finances
- A child with special needs turning 18 who will still need support and advocacy as a legal adult
- A sudden accident or medical event that leaves someone temporarily or permanently incapacitated
Without the right legal documents in place, families often find themselves in emergency court proceedings—expensive, time-consuming, and emotionally exhausting.
Can Guardianship Be Avoided?
In many cases, yes. With proper estate planning, you can appoint trusted individuals to handle your medical and financial decisions if you become incapacitated. These documents include:
These tools often allow families to avoid the need for guardianship altogether—but only if they’re created before the need arises.
What If Guardianship Is Needed?
If your loved one didn’t have these documents in place—or if they are no longer mentally capable of signing them—you may need to petition the court for guardianship.
Here’s what that process typically involves in Indiana:
- Filing a petition with the local court
- Notifying close family members
- Medical evaluation to determine capacity
- Court hearing where the judge decides if guardianship is needed and who should be appointed
Courts take this decision seriously. They’re looking for someone who will act in the ward’s best interest, and they may require ongoing reports and oversight.
Why Planning Ahead Matters
We’ve worked with families who waited too long—and found themselves in crisis. We’ve also helped those who took the time to plan ahead and gave their loved ones peace of mind during some of life’s hardest moments.
Here’s the bottom line:
You don’t want a judge deciding who gets to manage your care.
You want someone who knows you, loves you, and is prepared to follow your wishes.
Let’s Talk About a Better Way Forward
Whether you’re thinking about your aging parents, your child’s future, or your own long-term care, Vick Law is here to help you navigate the legal side of life’s toughest transitions—with clarity and compassion.
🗂️ Need help with a guardianship petition or planning documents?
Let’s schedule a conversation. You don’t have to figure this out on your own.
📞(317)884-3133
🌐www.vicklaw.org
Jackson, Samantha. “Understanding Guardianship and When It’s Needed,” Elder Law Answers, February 14, 2023. https://www.elderlawanswers.com/understanding-guardianship-and-when-its-needed-19083
