Although most people associate guardianship with children, there are guardianship considerations that factor into elderly, disabled, and incapacitated adult care. Understanding the situations when guardianship declarations are necessary can help you protect your loved one's interests and ensure that significant care decisions are addressed. There are a few common instances when guardianship declarations are important.
Family members are conflicted about the proper care
When the immediate family members are conflicted about the best approach to care for a patient unable to advocate for themselves, it's often best to establish a guardianship order with a single responsible party appointed as the decision-maker. The judge will assess the situation and choose the party that they believe will serve the individual's best interests.
The patient is making detrimental decisions
Sometimes, the family is cohesive and acts in the patient's best interests, but the patient is combative and resistant and makes decisions that are detrimental due to incapacitation, dementia, or general opposition. In those instances, the patient's loved ones can petition the court to appoint a guardian who can make and enforce care decisions. This often becomes necessary as older family members struggle with dementia, cognitive declines, and chronic illnesses that interfere with their capacity to make sound decisions.
The patient is at financial or physical risk
Unfortunately, those who are disabled, incapacitated, or struggling with dementia are easy targets for individuals with less-than-honorable intentions. These individuals are often exploited for financial gain and may even suffer abuse at the hands of caregivers. With an established guardianship declaration, a family member with a sound mind can act in their best interests, protect their finances, and prevent them from suffering abuse in a long-term care or caregiving situation. Having someone else responsible for major decisions and banking reduces the risk of fraudulent activity, including check fraud, coercion, and outright theft.
There are no other governing documents
When a parent suddenly suffers cognitive declines without taking the necessary steps to protect their estate, establish Durable Power of Attorney, or create any other contingencies, you may find that you need a guardianship declaration. This is often easiest to obtain in these situations when you can prove that your parent intended to establish these records and that you were the trusted beneficiary.
These are some of the most important situations when adult guardianship declarations are important. Seek the help of a guardianship attorney if you're petitioning to establish a guardian for your loved one.
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