When Should You Seek Guardianship Of An Elderly Relative?
Posted on: 5 May 2015
With the many recent advances in medicine and technology, many Americans are now living longer than ever before. Unfortunately, with this advancing age sometimes comes diminished mental capacity -- many elders are at risk of financial and physical harm without someone to guide their care and finances. You may want to help your relative manage, but be reluctant to step in. How do you know when it is time to seek a formal guardianship of an adult relative, and what will you need to show? Read on to learn more about the adult guardianship process.
What are a guardian's powers and duties?
Whether you're appointed the guardian of a child or legally incapacitated or disabled adult, you'll have a number of important rights and responsibilities to your "ward."
You'll be able to:
- Make any financial decisions necessary for your ward's care and benefit (such as reallocating investments or selling a home to pay for assisted living care)
- Make any medical decisions necessary for your ward's care and benefit (such as seeking or declining treatment for a chronic disease)
You'll also have to:
- Provide reports and updates to the court periodically on your ward's health and environment.
- Ensure your ward is well cared-for -- or you may find yourself answering a criminal charge of neglect.
Because you'll have full legal power over your ward's healthcare and finances, the court will expect you to make decisions that benefit your ward. Although the court will acknowledge that you don't have actual physical control over your ward, if your ward is receiving substandard care while there are sufficient resources available to pay for this care, you'll be expected to fix this situation quickly. The court may ask for medical records, financial statements, or other documents to ensure that the guardianship is benefiting the ward.
Although you can be reimbursed for expenses, unless the guardianship requires you to quit your full-time job or take on major expenses, it's unlikely you'll be paid a wage for this duty.
When may a guardianship be needed?
Because the early stages of dementia and other memory disorders tend to creep on very slowly, the individual is generally aware that memory is beginning to become a problem, and can take steps to minimize the obvious signs. This can make it difficult for family members to gauge the severity of the dementia, and can lead to doubt or hesitation if you simply aren't sure the issue is serious enough to merit a trip to court.
The rule of thumb is simple -- a guardianship is often necessary once an individual can no longer be trusted to make good decisions for themselves on a routine basis. Implementing this rule can be trickier. However, if you feel it necessary to check in on your relative once or more a day to ensure that he or she has eaten nutritious food or taken care of other personal needs, or if you've noticed a sudden change in behavior or spending habits, this may be an indicator that a guardianship would be beneficial.
How do you seek a guardianship?
The case begins by filing a petition for guardianship that sets out the written reasons that make a guardianship necessary. You'll also need to provide a copy of this petition to other interested parties -- such as spouses, siblings, and other relatives. These parties are then permitted to file a response with the court if they would like to support or contest the guardianship (or argue that someone else should be appointed as guardian). The court will set a hearing, and you'll present evidence supporting your petition for guardianship. You'll need to demonstrate to the court through medical records, billing statements, and testimony that your relative is no longer able to make decisions to benefit her own care and safety. The other parties may also present evidence supporting or opposing your claim.
The judge will then render a written decision granting or denying the guardianship. If the guardianship is granted, you'll immediately be able to act in your relative's stead at banks, hospitals, and other institutions. Get advice from professionals like Margit M. Hicks, PA Attorney at Law about the laws in your area.
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