How to Get Guardianship of an Elderly Parent
There comes a time in many seniors’ lives when they can no longer safely care for themselves. They may experience cognitive problems from a condition like Alzheimer’s or a traumatic brain injury. When that time comes, your loved one could benefit from legal guardianship.
Obtaining guardianship of an aging parent can seem intimidating. If you’re looking for the next steps and important information, you’re in the right place. Here’s what you need to know about getting guardianship of an elderly parent.
What Is Guardianship?
Legal guardianship over a senior can vary by state. However, in broad terms, having legal guardianship entitles you, the adult child, to make all personal, financial, and healthcare decisions on behalf of your elderly parent.
This means you’d get the final say on any of their medical procedures, financial choices, and legal proceedings. Being a guardian comes with a lot of responsibilities and obligations; it’s not something to take lightly.
Who Needs a Guardian?
An elderly adult who can no longer make sound, rational decisions based on critical thinking and logic may need a legal guardian. The guardian must prove to the court that the ward (older adult under the guardian’s care) can’t safely do things on their own anymore.
This might look like:
- Being vulnerable to financial fraud and scams
- Irresponsibly spending or giving away money
- Not taking care of themselves (grooming, bathing, eating, etc.)
- Experiencing safety and medical scares often
- Not remembering current or past events (debilitating memory issues)
- Losing cognitive function
If you notice these signs of impairment in your parent, now is the time to start the legal guardianship process.
A Step-by-Step Guide for Legal Guardianship
Are you unsure what happens next? While the details can vary by state, here’s what you can expect during the process of obtaining guardianship over your parent.
1. Get a Physician’s Letter or Certificate of Incapacitation
A medical doctor must evaluate your parent and confirm that they are no longer mentally fit to take care of themselves. This letter or certification is a requirement for any court to consider guardianship.
If your parent refuses to be seen by a doctor, you can still file for guardianship. The court will order a mandatory physician’s evaluation to start the process.
2. File a Petition for Guardianship
Next, you should apply for guardianship through your local court. This subjects you to a thorough background check, including financial evaluations and criminal history reports. The court wants to ensure your reasons for seeking guardianship line up with your loved one’s best interests.
When you apply, you must tell your elderly parent that you’re petitioning for guardianship. This is a legal requirement and also serves to maintain trust between you.
3. Receive the Court’s Decision
Legally, your parent has the right to object to guardianship through an attorney. This means the court proceedings could take a while and require multiple hearings.
Your loved one will be appointed an attorney ad litem no matter what to ensure their wants and needs are fairly represented. The court can also grant a guardian ad litem, which serves as a non-biased, neutral party to advocate for your parent’s best interests.
If your loved one is in serious legal, financial, or medical trouble due to their incapacitation, the court can grant emergency guardianship immediately.
Once the court has decided that your parent would benefit from guardianship under you, they’ll grant you this right.
Power of Attorney vs. Guardianship
The court may suggest you take on power of attorney (POA) rather than guardianship for your parent.
POA grants you the right to make financial decisions on behalf of your parent, and it’s something they usually agree to before they become incapacitated (sometimes called “legally incompetent”). Your parent can also grant you medical POA, which restricts you to solely making medical choices on their behalf.
The court’s goal is to implement the least restrictive measure for your parent’s well-being. Guardianship is considered a “last resort,” only to be used if your parent cannot safely make any decisions for themselves.
Your Responsibilities as Your Parent’s Guardian
You’ll either be granted guardianship of your parent, guardianship of their estate (assets), or both. As a guardian of their estate, your only responsibilities will involve managing financial assets and property on your loved one’s behalf.
Personal guardianship requires you to:
- Act in your parent’s best interests at all times
- Provide personal and medical care
- Provide adequate food, shelter, and clothing
- Maintain a safe living environment
- Manage and authorize medical interventions as necessary
- Visit your parent in person at regular intervals
- Manage financial assets, bills, loans, and accounts in your parent’s name
- Keep your parent safe and healthy
This list is not exhaustive. Make sure you read up on your state’s guardianship laws to get a feel for what you’ll need to do once guardianship is granted.
Tackle the Guardianship Process With Confidence
Don’t let court proceedings and legal requirements overwhelm you. If your parent is unfit to care for themselves, the court will see their need for guardianship and act accordingly.
Use this as a loose guide to get the process started. You know your parent best, and it’s your job to act in their best interests. After all, that’s the entire purpose of being a legal guardian.
If you or your family member is considering in-home care as part of a plan to age in place, contact Family Matters In-Home Care today for a free consultation. Our team is dedicated to supporting your family and helping older adults enjoy life in the comfort of their own home for as long as possible.
Some of the services offered by Family Matter In-Home Care include: Alzheimer’s & Dementia Care, Bed & Wheelchair Transfer Assistance, Companionship, Housekeeping & Meal Preparation, Personal Care, Recovery Care, and Transportation.
Serving the San Francisco Bay Area and Greater San Diego, Family Matter In-Home Care has offices throughout California.
