Guardianship

When someone you love can no longer care for themselves, stepping in to protect them is one of the most important things you will ever do — and it shouldn’t have to be confusing or overwhelming. The attorneys at Harshman Ponist Smith & Rayl, LLC guide Indiana families through the guardianship process with the personal attention these situations deserve and the experienced advocacy your case demands. Whether you are seeking to protect a child, an aging parent, or a loved one facing illness or disability, we will be with you through every step of the process. We want you to know your case is important — not only to you, but also to us — and we treat your family’s well-being as if it were our own.

A guardianship is a legal relationship in which a court appoints a responsible person — the guardian — to make decisions for someone who cannot make those decisions safely on their own. That person is called the “protected person.” Depending on the situation, a guardian may be given authority over personal and medical decisions, over finances and property, or over both. Indiana courts take this responsibility seriously, and so do we. Our role is to help you petition for the authority you need, demonstrate to the court that guardianship is appropriate, and make sure your loved one is protected the right way.

Sometimes a child needs a stable, caring adult to step in — when parents have passed away, are unable to provide care, or are otherwise unavailable to meet the child’s needs. A guardianship of a minor gives you the legal authority to make decisions about the child’s education, health care, and daily life, and to provide the secure home every child deserves. Grandparents, relatives, and other committed caregivers often seek guardianship to keep a child safe and supported. We will help you understand whether guardianship is the right tool for your family, prepare and file your petition, and present your case clearly to the court so you can focus on caring for the child.

As a parent ages or a loved one faces a serious illness, injury, or disability, there may come a point when they can no longer manage their own affairs or make safe decisions about their health and care. A guardianship of the person allows you to step in and make those decisions — coordinating medical treatment, arranging living and care arrangements, and protecting your loved one from harm or exploitation. These cases are deeply personal, and we approach them with compassion as well as skill. We will help you document the need for guardianship, work with the medical and professional evaluations the court requires, and advocate for an arrangement that honors your loved one’s dignity and best interests.

When a protected person owns assets, receives income, or has bills and property to manage, the court can appoint a guardian of the estate to handle their financial affairs. This guardian is responsible for managing money and property, paying expenses, safeguarding assets, and reporting to the court. The role carries real legal duties — including inventories, accountings, and court approvals — and mistakes can create serious problems. We help guardians understand their responsibilities, set up sound financial practices from the start, and meet every reporting requirement so the protected person’s resources are preserved and the court’s expectations are fully satisfied. In many cases, the same person serves as guardian of both the person and the estate, and we will help you pursue whichever authority your situation requires.

Establishing a guardianship begins with filing a petition in the appropriate Indiana court, asking the court to find that the proposed protected person needs a guardian and that you are the right person to serve. The court will typically require notice to interested parties, supporting evidence — such as medical evaluations in the case of an incapacitated adult — and a hearing before a guardian is appointed. Once appointed, a guardian takes on ongoing duties and remains accountable to the court. Every county handles these matters a little differently, and emotions can run high when family members disagree about what is best. Our experienced attorneys will manage the details, prepare you for what to expect, and stand with you from the first filing through your duties as guardian.

Guardianship sits at the intersection of family relationships, health care, and finances — exactly the areas our firm knows best. We understand that behind every petition is a family trying to do right by someone they love, often during a stressful and uncertain time. We strive to ease that burden with clear guidance, responsive communication, and bold advocacy when it’s needed. If your guardianship is straightforward, we will move it forward efficiently. And if a dispute arises over who should serve or whether guardianship is appropriate, our team will not hesitate to protect your position in court.

Protecting a vulnerable loved one shouldn’t mean navigating the legal system alone. We represent clients not only in Indianapolis and Marion County but throughout Indiana. Discuss your next steps with the attorneys at Harshman Ponist Smith & Rayl, LLC — call us at (317) 964-6000 to schedule a consultation.

Harshman Ponist lawyers have appeared before both the Court of Appeals and the Indiana Supreme Court.