Guardianship can be a necessary and effective tool to protect an individual who cannot make safe personal, financial, or healthcare decisions that are in their best interest. However, it is also a significant step which can restrict a person’s ability to make their own decisions. That’s why courts in Indiana often encourage families to consider less restrictive alternatives before pursuing the appointment of a guardian. Understanding these options can help protect your loved one’s rights while still providing the support they need.
Why Consider Less Restrictive Alternatives?
When the court appoints a guardian, the guardian is charged with the fiduciary responsibility to make certain decisions for that individual. The guardian accounts to the court for their actions. In some cases, people are still capable of making decisions and truly understanding the positive and negative consequences of those decisions. Those people may benefit from support and assistance without appointing another person to make those decisions, even if they disagree. Less restrictive alternatives can be used to allow them to retain their independence while still ensuring their safety, well-being, and financial security.
Common Less Restrictive Alternatives
1. Power of Attorney
A power of attorney allows a trusted person to manage financial, legal, or business matters on behalf of someone else. Unlike guardianship, a power of attorney does not require court approval. Moreover, a power of attorney can be tailored to specific responsibilities and even limited in scope and/or duration. A guardian can prevent the protected person from taking action on their own. However, a power of attorney does not prevent the principal (the person granting the authority to someone) from making decisions or taking action.
2. Advanced Directives and Appointment of Health Care Representatives
An Appointment of Health Care Representative is similar to a power of attorney, but this less restrictive alternative only deals with health care decisions. It designates someone to make health care decisions for an individual if they are unable to do so themselves. This ensures that health-related choices align with the person’s best interests without limiting other areas of independence.
3. Representative Payee
A representative payee can manage Social Security or other government benefits for someone who cannot handle their own finances. This solution is targeted and avoids the broader restrictions of guardianship.
4. Supported Decision-Making Agreements
A supported decision-making agreement allows individuals to take a collaborative approach with family, friends, and professionals (“Supporters”) to assist them in making positive and healthy decisions. This is a voluntary agreement and does not get approved by a court. The individual retains sole control over all their financial and health care decisions. The supported decision-making agreement cannot grant a supporter the ability to access or assist in financial or health care decisions unless other steps are taken.
5. Limited Guardianships
In some cases, courts may approve a limited guardianship, giving the guardian authority over specific areas — such as certain finances, specific transactions, or health care decisions — while leaving all other decisions and control in the hands of the individual. This approach balances protection with independence.
Benefits of Less Restrictive Alternatives
- Promotes autonomy – The individual maintains control over personal choices whenever possible.
- Faster and simpler – Most alternatives require less court involvement.
- Flexible – Many arrangements can be tailored to the person’s needs and changed over time.
- Less contentious – Reduces potential disputes among family members about the level of intervention.
Why Legal Guidance Matters
Choosing the right alternative to guardianship can be complex, particularly when determining which option best suits the individual’s needs. Sometimes, several of these less restrictive alternatives are combined. Consulting with an attorney experienced in Indiana guardianship, estate, and trust disputes ensures that the chosen approach complies with state law, protects the individual’s rights, and provides the appropriate level of oversight.
Guardianship is not always the only solution. Less restrictive alternatives, like powers of attorney, appointed health care representative, representative payees, supported decision-making, or limited guardianships, can provide necessary support while preserving independence. If you’re exploring options for a loved one in Indiana, seek guidance from an experienced attorney to ensure the solution balances protection with autonomy.
