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has information about voluntary guardianship in Indiana and contrasts POA vs guardianship.
Consulting an attorney is the only way to know for sure what Indiana requires.
If the person is volunteering for this, is the person not capable of creating a power of attorney instead? Who exactly wants to do what exactly, and what's stopping him/her?
2. Your friend will have to go to court but many courts are conducting hearings online.
3. Here is what the American Bar Association says on the matter of voluntary guardianships:
"In a voluntary guardianship...an individual may petition for or consent to a court-appointed guardian. A state-by-state survey of voluntary guardianship laws is now available on the Commission on Law and Aging's website....[However] even when a state statute lacks any statutory language regarding voluntary or consent guardianships, in practice individuals may still consent to the appointment of a guardian."
4. The ABA references the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA), which provides that "[a] person interested in an adult's welfare, including the adult for whom the order is sought, may petition for appointment of a guardian for the adult." NOTE: The state your friend is living in has to have adopted this act.
5. Moreover, the ABA points out that UGCOPAA notes that "where an adult seeks to obtain assistance, it is preferable for the adult to execute a durable power of attorney, engage in supported decision making, or both."
6. Here is the ABA website page for this topic: https://www.americanbar.org/groups/law_aging/publications/bifocal/vol-42/vol--42-issue-2--november-december-2020-/voluntary-guardianships--a-primer-on-states-guidance/
7. Educate yourself on what guardianship, conservatorship, and durable medical and/or financial POAs entail. They are powerful and can be time-consuming. Make sure you or whoever you're asking for understands this.
8. Your friend will have to go to court to obtain a voluntary guardianship. If that is a serious problem, they may want to consider assigning just POAs instead. Depending on the laws of their jurisdiction, these may need to be witnessed and notarized. Some counties have been allowing notarizing over Zoom or the like.
8. This is vital: Consult an elder law attorney. Guardianship is complicated and deserves expert guidance.
As usual, these are suggestions and not legal advice.
There used to be a legal procedure called "Next Friend" suits. It was used if a child or minor, or other individual unable to represent her/himself, was the Plaintiff. Parents sued as Next Friends of their minor children who had been injured. That's just one option of an NF suit.
If your friend's parent doesn't want to or is unable to attend court proceedings, her daughter could retain an attorney with the goal of filing a NF suit to gain guardianship, but that mixes 2 different concepts and I'm not sure if that's feasible.
If your friend wants to get guardianship of her parent w/o going through court proceedings, I would think that the proceedings in one aspect serve to prevent this kind of assumption of responsibility and control.
This really is a question for an attorney in the Guardianship practice area (a larger category which likely would include Estate Planning, with preparation of Trusts, Wills, Codicils, Guardianship and representation, and related practice and subpractice areas).
What you could do though is to search online for firms with an Estate Planning practice area that includes guardianships, then contact the firm and ask your question. Attorneys really are the best source to answer this kind of query.
Your POA will know your wishes in all things, and can be assigned as your Medical POA (MPOA) as well.
You should not require "guardianship". Can you tell me why you would want it?
I am 99.99% sure that it would need to be overseen by the court.
this is something that I would take through an attorney preferably one that knows Elder law or family law.
I can not imagine someone that is of "sound mind" giving up all their rights to another.
And if I were asked by a friend or family member to do this for them I would have to think very long and hard about it. To make decisions for a person that is capable of making their own decisions would be tough. Unless there was a very good reason I would probably decline,.
If the person has already been diagnosed with dementia, or is incapable of making decisions then a Guardian would have to be appointed and that would go through court.
If the person has dementia and a lawyer talks to the person, one on one and determines that this person, even though they have been diagnosed with dementia still has capacity then papers can be drawn up placing another in the position to make decisions for them for Health Care, Finances and other day to day tasks. This would NOT have to go to court but proper paperwork has to be done so that all institutions recognize the authority of the person appointed.
They BOTH need to see a lawyer again preferably an Elder Care Attorney