Long-serving Allen Superior Court magistrate to retire
Houk is presently the longest serving active judicial officer in Allen County
Guardianship
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Guardianship abuse could be common but sparse data leave questions
Court-determined arrangements have made recent headlines as pop star Britney Spears publicly fought to be removed from what she called a “toxic” conservatorship. Her case of conservatorship, similar to Indiana man Nicholas Clouse’s guardianship, illuminates potential problems and abuse of power in such arrangements.
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Lorbieski: Getting attorney fees in will contests, contested guardianships
For clients, the American Rule requiring each party to pay their own attorney fees, regardless of who wins a case, can make a win feel like less of a victory. That might explain why there are so many exceptions to the American Rule.
GAL pilot program for parents with mental disabilities passes Indiana Senate
The Indiana Senate has given its approval to a bill that would provide guardians ad litem to parents in adoption cases who have mental disabilities.
Stolle: Supported decision-making as an alternative to guardianship
Recognizing the need for a more empowering and inclusive approach, a paradigm shift has been underway — one that highlights the importance of supported decision-making, or SDM.
IN Supreme Court amends rules on special judge selection
The Indiana Supreme Court has amended the Rules of Trial Procedure to simplify eligibility for special judge selection in circuit, superior and probate courts.
Rehearing: COA inaccurately characterized underlying proceedings in de facto custodian case
A Fort Wayne couple trying to secure de facto custody of a child they temporarily raised in their home did not persuade the Court of Appeals of Indiana on rehearing that it should change its mind in determining the child was best suited to live with her mother, not them.
COA affirms guardianship of teen to grandparents
A couple has secured guardianship over their teenage granddaughter after the Court of Appeals of Indiana expressed concern about whether the child would be safe in her mother’s care.
COA upholds denial of guardianship petition filed by child’s de facto guardians
The Court of Appeals of Indiana has affirmed the denial of a couple’s petition for guardianship of a child for whom they served as de facto custodians, finding that guardianship was not in the child’s best interests.
Programs work to advocate for seniors, endangered adults
As the age of the average Hoosier grows, so has the need for legal representation for vulnerable seniors and endangered adults in Indiana, according to experts.
COA affirms denial of guardianship for 95-year-old veteran but reverses attorney fees award
The Indiana Court of Appeals has affirmed the denial of a guardianship petition for an elderly Vincennes man who revoked a former friend’s position as his power of attorney. However, the appellate court reversed an award of more than $70,000 in attorney fees he requested.
DCS wins judgment following allegations of caseworker taking unpermitted photos
The Indiana Department of Child Services won a judgment from the U.S. District Court of the Northern District of Indiana on Friday following allegations from a man who claimed a caseworker entered his home to take photos without permission, resulting in the removal of his children.
COA: Guardian can deposit check but not exercise estate planning
Although an adult guardian properly deposited a check after his ward died, the trial court did not err in denying the guardian’s request to exercise estate planning, the Indiana Court of Appeals has ruled.
Justices publicly reprimand Greenfield, Indianapolis lawyers
The Indiana Supreme Court has handed down public reprimands against two Indianapolis-area attorneys, including an action against a partner at a major law firm.
Bill extending adult guardians’ disposition authority signed into law
Adult guardians will soon be part of the statutory scheme for making decisions about disposition of a deceased ward after Indiana Gov. Eric Holcomb signed a bill extending their authority.
Bill giving guardians authority over final dispositions gets House support after Senate debate
A bill to extend the duties of guardians when an incapacitated adult dies was much better received in an Indiana House committee Tuesday than when the bill was introduced in the Senate.
ILAS gets $250,000 boost from Lilly Endowment
Indianapolis Legal Aid Society has received a $250,000 COVID-19 relief grant from the Lilly Endowment, Inc., providing much-needed support for legal assistance to low-income Hoosiers in central Indiana who have been acutely affected by the ongoing pandemic.
Bill giving adult guardians say over final dispositions set for final Senate vote
A bill to give adult guardians authority to oversee the disposition of a ward’s remains is up for a final vote in the Indiana Senate this week, but the version of the bill senators will vote on is markedly different from the introduced legislation.
COA affirms denial of birth mother’s consent argument in adoption dispute
A birth mother unsuccessfully argued that her consent was required for her daughter’s aunt and uncle to adopt the child, the Indiana Court of Appeals ruled Monday.
Bill giving adult guardians authority over final dispositions advances, but with concerns
A bill that would give adult guardians a say in the final disposition of their wards is headed to the full Senate, but a narrow vote in committee likely means the legislation will see further amendments.
Justices partially reverse arbitration in Carmel assisted living rape suit
Indiana Supreme Court justices reversed a determination that a guardian was required to arbitrate claims against a screening company arising from an employee’s sexual assault on a resident of a Carmel assisted living facility.