The Indiana Guardianship law defines “least restrictive alternatives” (LRA) to unlimited guardianships and adds the requirement to the petitions for guardianship to include consideration of LRAs, and also in guardian’s biannual reports. “Least restrictive alternatives” are defined as “an approach to meeting a person’s needs that restricts fewer rights of the person than would the appointment of a guardian.” They include (but not limited to): Supported Decision Making Agreement; Appropriate technological assistance; Appointment of a representative payee; Appointment of a Health Care Representative; Creation of a Power of Attorney IC 29-3-1-7.8
The Indiana Guardianship law changes also include a recognition of “Supported Decision Making Agreements” as an alternative to unlimited guardianships. “Supported decision making” is ” … the process of supporting and accommodating an adult in the decision making process to make, communicate, and effectuate life decisions, without impeding the self-determination of the adult.” “Supported decision making agreement ” is “… a document that outlines the decision making supports and accommodations the adult chooses to receive from one (1) or more supporters.” “Supporter” is “… a person at least eighteen (18) years of age who has voluntarily agreed to assist an adult in the decision making process as outlined in the adult’s supported decision making agreement.” For more information, call Longnaker Law Office for an appointment.