Indiana Guardianship And Conservatorship Legal Questions

Unless the POA specifically allows the agent to appoint a successor agent, no. If your father's dementia is advanced, it may be wise to seek guardianship of him before you are unable to act.  You may want to talk with a local elder lawyer.  You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read Answer

You will have to work through Child Protective Services.  If the parents' rights cannot be terminated (which takes a long time in any event), you may be able to get a status less than guardianship but one which still gives you custody.  Please discuss this with a local family law attorney,... Read Answer

He may be willing, but is he able?  If he has the legal capacity to contract, he can sign a Durable Power of Attorney.  But if he needs you to direct his assets, he probably no longer has this capacity.  You must then become the conservator of his estate.  Contact the local probate court for a list of guardianship attorneys or find an elder lawyer near you using the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read Answer

The agent under a Medical Power of Attorney, not the agent under a Durable [Financial] Power of Attorney has the authority to admit the person granting the POA to a facility.  Facilities often ignore this either because they do not know the law or because they know the DPOA agent has access to funds to pay them.  Moreover, other than a guardian of the person, no one but your sister-in-law has the right to say where she lives.  She can leave at will. Her husband would have priority both in making medical decisions for her in the absence of a Medical Power of Attorney and in applying for guardianship.   Whether your sister-in-law can receive adequate hospice care at home is another question.  There are four levels of hospice.  Not every company provides all four.  Your brother might want to investigate this before arguing that she should be allowed to die at home.  ... Read Answer

Parents are the natural guardians of their children.  If CPS has not placed your daughter with someone else, take her birth certificate to the police and go get her.  Contact a Family Lawyer.  That someone has filed for "emergency guardianship" does not mean that a judge has awarded it.... Read Answer

Once the Guardianship is formally in place, you must go to court in order to have the guardianship closed and regain custody of your children.  The Court will determine what is in the best interest of the children.  Due to the limitations of the Lawyers.com Forums, MaryEllen K. Bishop, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer