Your Top Resource For Seniors 
Your Top Resource For Elder Abuse & Neglect

Guardianship of An Elderly Parent: Ensure They Are Protected

April 18, 2023

Guardianship of An Elderly Parent: Ensure They Are Protected

As we age, it's natural for our physical and cognitive abilities to decline, leaving us vulnerable to financial exploitation, physical abuse, and neglect. Guardianship and elderly care are essential aspects of protecting our elderly loved ones and ensuring they receive the support they need.

What is Legal Guardianship?

Guardianship of Elderly Parent

Guardianship is a legal process that grants an individual the authority to make decisions on behalf of another person deemed incapacitated or unable to make their own decisions. When it comes to elderly care, guardianship can be necessary if a senior is no longer able to make decisions about their healthcare, finances, and living arrangements.

Guardianship and Elderly Care: How to Ensure Your Loved Ones Are Protected

Here are some steps you can take to ensure your loved ones are protected through guardianship and elderly care:

Talk to Your Loved One

The first step in ensuring your loved one is protected is to talk to them about their wishes and preferences. Discuss their:

  • healthcare
  • financial
  • and living arrangements

to ensure they have a plan in place for when they can no longer make decisions for themselves.

Evaluate Their Needs

Evaluate your loved one's needs and determine what kind of care they require. Do they need assistance with daily living activities, such as bathing, dressing, and grooming? Do they require medical care, such as medication management and regular doctor visits?

Find the Right Caregiver

Finding the right caregiver is crucial in ensuring your loved one's safety and well-being. You can hire a professional caregiver, use an agency, or find a family member or friend to provide care. Whatever option you choose, ensure the caregiver has the qualifications, experience, and references.

Consider Guardianship

If your loved one can no longer make decisions for themselves, guardianship may be necessary to ensure their protection. Talk to a lawyer specializing in elder law to determine if guardianship is best for your loved one.

Stay Involved

Even if you hire a caregiver or establish guardianship, staying involved in your loved one's care is essential. Regular visits, phone calls, and check-ins can help you monitor their well-being and ensure they receive the necessary care.

Why is Legal Guardianship of an Aging Parent Important?

Legal guardianship of an aging parent can be necessary for several reasons. As we age, our physical and cognitive abilities may decline, making it difficult to make decisions and care for ourselves. Here are some reasons why legal guardianship of an aging parent may be important:

Ensure Their Safety and Well-Being

Legal guardianship can ensure that aging parent receives the care and support they need to remain safe and healthy. This can include decisions related to healthcare, living arrangements, and financial management.

Protect Them from Financial Exploitation

As we age, we may become more vulnerable to financial exploitation, such as financial abuse. A legal guardian can help protect an aging parent from financial abuse by managing their finances and ensuring they are not exploited.

Provide Legal Authority to Make Decisions

When aging parents can no longer decide for themselves, legal guardianship can provide the legal authority to decide. This can include decisions related to healthcare, living arrangements, and finances.

Ensure Their Wishes Are Respected

Legal guardianship can ensure that an aging parent's wishes are respected, even if they cannot decide for themselves. This can include decisions related to end-of-life care, burial arrangements, and other essential matters.

Prevent Family Conflicts

Legal guardianship can help prevent conflicts between family members who may have different opinions on caring for an aging parent. By appointing a legal guardian, everyone can clearly understand who is responsible for making decisions and ensuring the parent's well-being.

How to Get Guardianship Over an Aging Parent

Taking care of an aging parent can be a difficult and emotional journey. When your parent can no longer make decisions on their own, you may need to consider getting guardianship over them. Guardianship will give you the legal authority to make decisions on behalf of your parent. Here are the steps you can take to get guardianship over an aging parent:

Understand Guardianship Laws in Your State

Guardianship laws vary by state, so it’s important to understand the laws in your state. You can research the laws online or speak with an attorney specializing in elder law. Knowing the laws will help you understand the process and requirements for guardianship in your state.

File a Petition for Guardianship

To start getting guardianship, you must file a petition with the court in your county. The petition will include information about your parent’s current situation, why you believe they need a guardian, and why you are the best person to serve as their guardian. You must also provide documentation, such as medical records and financial statements, to support your petition.

Attend a Hearing

After you file the petition, the court will schedule a hearing. You must present your case at the hearing and provide evidence to support your petition. You may also need to answer questions from the judge or other parties involved in the case. It’s essential to be prepared and organized for the hearing.

Appoint a Guardian Ad Litem

In some states, the court may appoint a guardian ad litem to represent your parent’s interests during guardianship. The guardian ad litem will investigate your parent’s situation and provide a report to the court. This report will help the judge decide whether guardianship is necessary and who should serve as the guardian.

Get Court Approval

If the judge approves your petition for guardianship, you must follow the court’s instructions to become the legal guardian. This may include completing training, submitting reports to the court, and following specific guidelines for making decisions on behalf of your parent.

Getting guardianship over an aging parent can be complex and emotional, but ensuring that your parent is taken care of and their interests are protected is crucial.

Conclusion

In conclusion, guardianship and elderly care are crucial in protecting our elderly loved ones. We can ensure they receive the support and protection they need by taking the necessary steps to evaluate their needs, find the right caregiver, and consider guardianship when necessary.

Do You Have A Claim?

If you or a loved one may be the victim of nursing home abuse or neglect, report it here. You may be entitled to compensation for pain and suffering.

Our expert partner attorneys offer free consultations for your claim.