Adoption 101: The Legal Fundamentals

Is It Time To Talk To A Guardianship Attorney About Your Elderly Parent? Here's What You Need To Know

21 February 2023

Brayden Miles

If you're like most people with an elderly parent, you want your loved one to continue to enjoy a good quality of life for many years to come. However, it's natural to be concerned about their well-being and the decisions they make — especially if your parent has become more forgetful, has been making poor decisions without remembering even making them, or seems to be in danger of being taken advantage of by paid caregivers, neighbors, or even other family members.

If you're worried about your elderly parent's ability to make informed decisions about their health, finances, and general well-being, it may be time to consider seeking the help of a guardianship attorney.

What is Guardianship?

Guardianship is a legal process in which a guardian is appointed to make decisions for an individual who is no longer able to make their own decisions. The guardian is appointed by the court and has the legal authority to make decisions about the person's health care, living arrangements, and finances.

When to Consider Guardianship

If your elderly parent is no longer able to make informed decisions about their health, safety, or finances, you may want to consider guardianship. Some signs that it may be time to talk to a guardianship attorney include:

• Your parent is no longer able to manage their finances or pay bills on time.
• Your parent is making decisions that are putting their safety or well-being at risk.
• Your parent is no longer able to make informed decisions about their health care or medical treatments.
• Your parent has been diagnosed with a condition that affects their decision-making abilities, such as dementia or Alzheimer's.

How to Choose a Guardianship Attorney

When choosing a guardianship attorney, it's important to find someone who has experience in elder law and understands the complexities of guardianship. Look for an attorney who is familiar with the laws in your state and has a good reputation in the community. You may want to ask for referrals from friends, family members, or other professionals, such as social workers or healthcare providers.

The Guardianship Process

The guardianship process can vary depending on the laws in your state and the specific circumstances of your case. Generally, the process involves filing a petition with the court, having a hearing, and having the court appoint a guardian. The guardian will then be responsible for making decisions on behalf of your elderly parent.

For more information, contact a guardianship lawyer near you.

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