CSG Law Alert: A Guardianship Could Have Your Elderly Parent Saying Thanks for Giving the Gift of Continuing Care
You have gathered around the dining room table for Thanksgiving dinner with all of your loved ones, including your elderly Father.
Lately you have noticed that your Father, who lives alone, is suffering from severe memory loss. He can no longer manage his own finances and investments. He can no longer pay his bills. Once so careful about his personal hygiene, he is neglecting it. You are concerned about his safety, his inability to remember that he leaves pots on the stove with the burners still on. He forgets to take his medications, or he takes the wrong number of pills. Recently, he fell down a flight of stairs, stopped eating and is physically declining.
So, amidst all of the family merriment at Thanksgiving dinner, you sit worried about what you can do to care for your Father at this vulnerable time in his life. One legal option to consider is becoming your Father’s Guardian.
What Is a Guardianship? A Guardianship is a legal relationship established by Court Order that gives one person the legal authority to make decisions and care for another individual who is unable to make decisions for himself due to age, incapacity or disability. The Guardian’s role is to manage that individual’s finances, personal care, or health care. A Guardianship can take several forms based upon the subject individual’s level of incapacity, the needed duration of the Guardianship and whether an emergency situation exists such as sudden illness or injury requires the appointment of a Guardian on a short-term basis.
What is the Process for Obtaining a Guardianship? The Guardianship process begins with the filing of an application with court along with medical proofs of the need for a guardian. Explaining the reasons why the Court should order a Guardianship. The Court then schedules a hearing to ensure that the reasons for the Guardianship are sufficient and that the individual assuming that role is prepared to serve in that capacity.
The decision to become a Guardian requires careful consideration and commitment. If you are concerned about the welfare of an aging parent and would like to discuss Guardianship and other options, call the attorneys in the Family Law Group at CSG Law for guidance and additional information.