Guardianship of an aging parent isn’t about control, it’s about making the decisions that are in their best interest when they can no longer make safe, informed decisions about their health or finances themselves. The priority becomes ensuring their safety, protecting their well-being, and honoring their dignity.
Establishing legal guardianship gives you the authority to make important decisions such as managing medical care to protecting them from financial harm on their behalf. But the process can be emotionally difficult and legally complex.
At Gilbert Legal Services, we’ll help you understand when guardianship is appropriate, what your responsibilities will be, and how to move forward in a way that in a way that feels both responsible and respectful.
If you’re worried about your parent’s safety or seeing signs of decline, we’re here to help do what’s best for everyone.
Cognitive decline can appear gradually, but once safety is at risk, it’s time to act. Below are some common signs that guardianship may be necessary:
No. Guardianship gives you legal authority to make decisions for a living person who can no longer do so safely. The executor (or personal representative) of an estate handles matters after someone passes away, and that role is either named in a will or appointed by the court.
What’s the difference between guardianship and power of attorney?
Power of attorney is something your parent sets up voluntarily, while they’re still mentally capable, giving you legal authority to help with finances or health care. Guardianship happens through the court when someone can no longer make informed decisions and hasn’t appointed a POA. It’s a more involved legal process, but sometimes the only path forward.
Can I just take over my parent’s finances without guardianship?
Not without legal authority. Even if you’re trying to help, accessing accounts or making decisions without a POA or guardianship could lead to legal trouble. Guardianship gives you a clear legal path to protect them, and yourself, while doing what’s necessary.
What does the guardianship process involve in Indiana?
You’ll file a petition with the court and, in most cases, submit medical evidence showing your parent’s incapacity. A hearing will determine if guardianship is necessary. If granted, you’ll be responsible for major decisions and must file reports with the court.
What if my parent refuses help or gets angry about guardianship?
No one wants to lose independence. But if your parent is truly at risk, the court can still grant guardianship based on their condition and needs. We’ll help you approach the situation with empathy and clarity, keeping the focus on safety and respect.
If you’re noticing signs that your parent can no longer safely manage on their own, it’s time to start asking hard questions — and get some answers you can trust. Guardianship is a big step, but it can also be the most loving and responsible one when someone you care about needs protection.
Let us help you understand your options, navigate complex family dynamics, and take legal steps in your parent’s best interests.
Call (317) 855-9922 or fill out the form below to schedule your consultation.