A guardianship can be created for either a child or an adult. Guardianships can also be separated into two types: guardian of the person and conservator of the estate. A guardianship need not necessarily be separated, and in many cases the Court will appoint someone as full guardian over the person and estate.

A guardianship may be appropriate for a child if the parents are deceased or unable to care for their child due to being incarcerated, having their rights terminated, having drug problems, or otherwise being unable to care for their children.

Guardianships can be created for adults if they are unable to manage their person or financial affairs due to physical and/or mental incapacity. A Court will not allow a guardianship to be created unless there has been a medical determination that the proposed ward is in need of a guardian and/or conservator. Kentucky and Indiana have very different procedural requirements for this process.

Once you have been appointed as guardian, you have ongoing fiduciary duties and requirements to provide accountings of the ward's assets to the Court. One who violates their fiduciary duties is liable to the ward or estate for breach of fiduciary duty.

The hassle of creating a guardianship for an adult can be avoided with proper estate planning! By preparing a durable or springing power of attorney and appointing a healthcare surrogate, you can appoint someone ahead of time and save them the headache, time and expense of going through the guardianship process.

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Anna K. Murray & Associates, P.C.
607 Watt Street
Jeffersonville, IN 47130

Phone: 812-269-2095
Fax: 812-284-1113
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