The welcoming of a child into a family is a great joy. People in many different circumstances desire to adopt a child but often do not know where to start. The caring and experienced attorneys at Yoder • James Law are here to serve you.
Whatever your situation, newborn adoption, step-parent adoption, foster-parent adoption, contested or uncontested, we can help. By assuming the procedural and administrative duties required to make an adoption legal, our lawyers will ease the often emotional and stressful route to legalizing an adoption and allow you to focus on the joys of a growing family.
In other circumstances, adoption may not be possible but the legal ability to make decisions for a loved one may still be needed. Caring for a loved one that is mentally or physically unable to care for themselves can be a considerable burden. That burden becomes heavier when the caretaker does not have the legal power to make medical or financial decisions for the person needing care. In such instances, a guardianship may be necessary.
A guardianship is a legal relationship in which a person (or persons) is appointed by a court to make decisions on behalf of an incapacitated person. Depending on the need, these decisions can include the power to control the incapacitated person’s finances and property, their living arrangements and medical care, or both. The definition of an incapacitated person, under Indiana law, can be broad and fact sensitive requiring a skilled attorney to guide the process.
Frequently, guardianships are needed in situations of emergency or life-altering events such as a family member who hospitalized with no designated healthcare representative, an elderly person with diminished capabilities due to age, a special needs child that has reached the age of majority (18 years), or a child whose parents are unable or unwilling to provide them with the care they need. The attorneys at Yoder • James Law are experienced and skilled in guardianship matters and ready to help.
Additionally, in some instances, a special needs trust may be required to fully protect an incapacitated person you are seeking guardianship of. Special needs trusts may be crafted to protect a person’s eligibility for benefits such as Social Security or Medicaid. Circumstances may also require a special needs trust to protect the financial well-being of an incapacitated person, and ensure their continued care, in the event their primary caretaker is no longer there. In these circumstances, our attorneys are knowledgeable and prepared to advise you on the best course of action for you or your loved one.
We are prepared to formulate a plan of action that can help to ease the burden, clear the legal confusion, and aggressively seek resolution of these tough issues.