What is the process for transferring guardianship?
In Indiana, there are two primary ways to transfer guardianship of an individual from one person to another. The first is through a guardianship designation agreement, which is an agreement between the current guardian and the prospective guardian. This agreement must be approved by the court, and the proposed guardian must show that they have the necessary qualifications and suitability to act as a guardian. The second way to transfer guardianship is through an Order of Appointment issued by the court. This requires a petition to be filed with the court, which must then be heard by a judge. The court will evaluate the proposed guardian’s qualifications and suitability to act as guardian for the individual in question. If the court determines that the proposed guardian is suitable, the court will issue an order appointing the proposed guardian as the new guardian. In either case, the court is the ultimate authority in determining who is suitable to serve as a guardian for any individual. The process for transferring guardianship in Indiana requires that all legal criteria to be met in order for the transfer to be successful.
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