Guardianship

Power of attorney may trump guardianship order

July 12, 2016
Marilyn Odendahl
An elaborate court ruling that sought to bring family harmony by appointing each of six siblings as co-guardians over a specific area of their elderly mother’s life may have hit a sour note because of a 12-year-old power of attorney which remains valid.
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Attorneys create for-profit guardianship company

June 29, 2016
Marilyn Odendahl
After about a year of thinking and planning, two Indianapolis attorneys launched Scout Guardianship Services Inc. in December 2015. This for-profit business can function as either a guardian, attorney in fact or health care representative for adults who want and have the financial assets to pay for these services.
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Amended statute confuses trial court

January 12, 2016
Marilyn Odendahl
A trial court misinterpreted an amended statute regarding power of attorney, the Indiana Court of Appeals ruled in giving a son the ability to look at his mother’s finances.
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Court: Girl should be with mother, not great aunt

November 10, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the award of custody of a young girl to her great aunt, finding the woman did not overcome the presumption in favor of placement with the girl’s biological mother.
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Indiana Supreme Court awards adult guardianship grants

October 2, 2015
Marilyn Odendahl
Nine agencies across the state have collectively received more than $400,000 from the Indiana Supreme Court to help fund volunteer-based adult guardianship programs.
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COA rejects former guardians’ arguments on rehearing

May 8, 2015
Jennifer Nelson
An elderly man's former temporary guardians were unable to convince the Indiana Court of Appeals that it erred in overturning an award to them of $15,000 after finding potential misconduct by the guardians.
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Awarded guardianship fees overturned due to potential misconduct

February 11, 2015
Jennifer Nelson
Because a trial court did not look at whether fees requested by a man’s former guardians were necessary, the Indiana Court of Appeals reversed the order they receive more than $15,000 from his estate.
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COA: Terminating guardianship is in child’s best interest

December 18, 2014
Jennifer Nelson
In a contentious guardianship case involving a child’s father and her former stepgrandmother, the Indiana Court of Appeals affirmed that the guardianship should be dissolved and the father should have custody of the child.
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Appeals court reversal reunites mother and children

September 5, 2014
Dave Stafford
A Grant County trial court abused its discretion in ordering the appointment of guardians for two children, the Indiana Court of Appeals ruled Friday, reversing a guardianship order and instructing the trial court to reunite the children with their mother.
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Court orders hearing on child’s best interests

April 30, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed an order giving a father physical custody of his child. The child’s maternal grandparents had assumed guardianship of the child following the death of the child’s mother. 
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COA: Twins to remain with guardian, not grandmother

February 18, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed a lower court’s ruling that twins from northern Indiana may be adopted by their guardian in Bloomington over the objections of the children’s father and paternal grandmother.
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Lifeline Law expansion clears Senate committee

January 22, 2014
Dave Stafford
Indiana’s Lifeline Law that provides immunity for minors who report dangerous underage intoxication would expand to cover reporting of any medical crisis, sexual assault or crime if a bill that cleared a Senate committee Wednesday is enacted.
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Judiciary committee to consider guardians being able to file for divorce

January 21, 2014
Jennifer Nelson
Tackling an issue that has appeared in the Court of Appeals twice in recent months, the Senate Judiciary Committee will hear legislation that would allow guardians to file for divorce on behalf incapacitated adults.
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COA once again rules guardians have no authority to file for divorce

October 24, 2013
Jennifer Nelson
Indiana law does not allow guardians the ability to petition for the dissolution of marriage on their ward’s behalf, the Indiana Court of Appeals held for the second time in nearly four months. The appeals court reversed the grant of a divorce filed by an incapacitated man’s daughters, who are his co-guardians.
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Guardian registry pilot to launch

October 9, 2013
Dave Stafford
Indiana soon could break new ground with the introduction of one of the nation’s first databases of guardians and their wards. The development is raising hopes for improved oversight of vulnerable populations along with concerns about their privacy.
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Guardian may not file for divorce on behalf on incapacitated adult

July 3, 2013
Jennifer Nelson
Citing a 1951 Indiana Supreme Court case, the Court of Appeals has affirmed that the law does not allow a guardian of an incapacitated person to file a petition for divorce on behalf of the incapacitated person.
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Bills on magistrates; custody and visitation pass House

February 21, 2013
IL Staff
The Indiana House of Representatives passed House Bill 1041 Thursday morning 96-0. The bill addresses petitions to modify custody and visitation involving children who have been abused or neglected.
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Comment sought on proposed changes to parenting time guidelines

February 8, 2012
IL Staff
The Indiana Judicial Center’s Domestic Relations Committee is seeking comment on proposed changes to the parenting time guidelines, which includes parenting coordination guidelines.
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DCS announces new foster care reimbursement rates

August 19, 2011
Following a lawsuit filed by foster parents after the Indiana Department of Child Services announced in 2009 that it was going to decrease the foster care per diem by 10 percent, the department announced Friday that it has come up with new reimbursement rates beginning Jan. 1, 2012.
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Man entitled to damages following excavation of home without notice

July 29, 2011
Jennifer Nelson
In reviewing a case in which an attorney appointed guardian of an adult male unilaterally decided to tear down his home without providing notice to the man, the Indiana Court of Appeals found the attorney violated the man’s due process rights and damages were necessary.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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