Care for Others

Guardianship: Incapacity, Disability, Infancy

Guardianships are being used more frequently in just about every stage of life.  Grandparents are often placed in a position where they need guardianship of their grandchildren simply for the protection and safety of the grandchildren.  Parents often need to seek guardianship of an adult child as a result of physical or mental illness that precludes the adult child from caring for either his or her personal or financial decisions.  Additionally, adult children sometimes need to take guardianship of one or both of their parents to make decisions for them when they are no longer able. These situations are difficult, but they are simply part of life.  Jensen & Associates stand ready to help in any of these situations, including those that might be contested.  Contested simply means that either the prospective Ward may not want someone to take guardianship of him or her or, that two separate parties are asking for guardianship of the same individual.

Adoption

In Indiana one can adopt either a minor or an adult depending on the circumstances.  An adoption means that the individual adopted is treated as the natural child of the party adopting. As a natural child, he or she is entitled to the same benefits and rights as a child born to the adopting parent.  [Whereas a guardianship of a child (or any Ward) can be terminated, if the circumstances warrant, by someone filing a petition to terminate the guardianship and then convincing a court to issue an order terminating the guardianship, an adoption, however, is different.]  Once an adoption is completed in compliance with the law, except under very special circumstances, the adoption is permanent.  It is a legal process that should be given a great deal of thought; for not only does it create a permanent legal relationship, but also permanent legal responsibilities.  For instance, if a step parent adopts a step-child and then is divorced from the adopted child’s natural parent, the adopting step-parent can be held liable for child support until the child is emancipated.  Again, Jensen & Associates is prepared to help not only with the decisions, but in completing the adoption.

Power of Attorney

In today’s fast-paced world, a Power of Attorney (POA) can be an extremely useful device as it allows someone else to act for you in circumstances where you are not readily available.  A POA can be written so that it is effective the moment that you sign it or it can be conditioned, meaning that the person that you designate does not have the power to act on your behalf until a certain event takes place.  Usually that event is a determination by a physician (sometimes two physicians) that you are incapable of handling your own affairs.  Whoever you name as your POA is required to always act in your best interests.  The POA is an important document, particularly as you age.  If you were to suffer a stroke or heart attack that rendered you unable to make decisions for yourself and you have not designated a POA, a guardianship is the most viable option for someone to assist you.  Guardianships, at their best, can take a number of days (sometimes weeks) to accomplish and that could put you into a difficult position. The POA allows someone to immediately step in and make necessary decisions.  Finally, you can revoke a POA at any time by recording a Notice of Revocation in the County Recorder’s office.

Health Care Directive/Living Will

A Living Will or Health Care Directive are also very important documents.  Although this office prefers a Health Care Directive as an exhibit to a POA where you name someone to speak for you if you are unable to communicate with health care providers, we will gladly assist you with either or both documents.  In a Living Will you simply set down your preferences for health care treatment for the health care providers.  It is a relatively simple document that the provider reads (hopefully) and then acts in accordance with your wishes.  The health care provider is free to interpret your wishes as he or she chooses. With a Health Care Directive, particularly as an exhibit to a POA, you nominate an individual and a successor (if the person originally named is not available) to speak for you and to communicate your wishes to the healthcare provider.