Recent Blog Entries
DISCLAIMER: This site and information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
« View all Postings
Mary has been diagnosed with Alzheimer’s and is in need of a guardian. Mary’s boyfriend, Harold, has been named her Power of Attorney. Both Harold and Linda, who is Mary’s daughter, want to be appointed as Mary’s guardian.
Which person has the higher priority, in the eyes of the court?
Answer: Harold has a higher priority than Linda, in the eyes of the Court, all other matters being equal. However, the Court does have discretion in making this decision. See IC 29-3-5-5 (a).
A person designated in a power of attorney has a higher priority than an adult child, when a court is considering the appointment of a guardian. The overriding issue is the best interest of the incapacitated person. The court, acting in the best interests of the incapacitated person or minor, may pass over a person having priority and appoint a person having a lower priority. See IC 29-3-5-5 (b).
This information if for informational purposes only and should not be understood as legal advice in any manner. Please consult with an estate attorney who can better understand you r particular situation and can make appropriate recommendations.