In this blog series, I am discussing the need for a better guardianship system in Indiana. In the first installment, I introduced the idea of the three-legged guardianship stool of access, quality, and accountability. In my last blog post I discussed ways to increase...
If Hoosiers want to see a world class guardianship system for our state – one that respects the legal rights of incapacitated persons, not to mention other family members; one that makes quality guardianship services available to those that need it; and one that has...
Guardianship is receiving national attention following the wake of the movie I Care A Lot (2020) and coverage of Britney Spears’ guardianship. A Hollywood movie and press coverage of one unique guardianship case is not necessarily prescriptive of the problems with...
Temporary guardianships are designed to address true emergency situations. Yet, they are over-used and misused. Let’s take a look at the law surrounding temporary guardianships to gain a better understanding of when and how they should be used. Background Indiana...
The concept of “estate planning” has evolved dramatically over the last half-century, in tandem with the dramatic evolution in health care (and long-term care in particular) during that same time. Whereas before estate planning was focused almost entirely on the...
A guardian’s authority comes in the form of a single page called the “Letters of Guardianship.” This lone document gives the guardian all the authority he or she needs in order to carry out his or her duties as guardian. But does it really? Anyone who has done any...
By H. Kennard Bennett Any elder law attorney worth her salt will include a General Durable Power of Attorney as part of her general estate planning advice to competent elders. We tell the client that the POA is a way for them to name the person they want as their...
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