What is a durable guardianship?
A durable guardianship is a type of guardianship that remains in effect despite the death or incapacity of the guardian or the minor. It is sometimes referred to as a “permanent guardianship.” In Indiana, a durable guardianship is established by a court when a parent or an adult is unable to care for a minor, or when the minor is deemed to need an adult to make decisions on their behalf. A durable guardianship gives the guardian the authority to make decisions about the minor’s education, healthcare, housing, and other aspects of the minor’s life. Durable guardianship arrangements can be established with or without the consent of the parent, or when the minor reaches a certain age. The guardian must be a reliable adult that can provide a safe and healthy home environment. The durable guardianship arrangement must also be in the best interest of the minor. An experienced attorney should be consulted to ensure that the laws and procedures concerning durable guardianships are followed.
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