If a senior loved one is having trouble making decisions for themselves, you may have considered becoming their guardian. Senior guardianships can be difficult to understand. Many families don’t know everything the role entails. Here are a few things caregivers should know before seeking guardianship for a senior loved one.
A senior guardian, also known as an adult guardian, is an adult appointed by the court to care for a senior who is incapacitated. Once a guardian is appointed, the senior becomes their ward. The guardian is responsible for managing the ward’s life and making decisions in their best interest.
The guardian can legally make decisions about:
In addition to making decisions in the ward’s best interest, the guardian is also responsible for the following tasks:
A senior can benefit from a guardian if they have an illness, injury, or disability that makes it difficult or impossible to make personal decisions for themselves. A senior may benefit from a guardian if:
A guardian is appointed if the senior does not have a power of attorney and the court decides that they are incapacitated. The person petitioning for guardianship must provide evidence from a medical professional that the senior is unable to make decisions about their personal affairs.
In the event the older adult doesn’t have someone who can act on their behalf, the court may appoint a professional guardian.
Guardianship should be appointed to someone who plays a significant role in the senior’s life. This person should understand the senior’s needs and be sensitive to their condition.
If more than one person is petitioning for guardianship, the court will appoint the person they feel is best qualified for the role. In most cases, this person is the senior’s spouse or a family member. If neither is feasible, the court will appoint guardianship to a close friend. The final option would be a professional guardian.
Guardians can only handle small amounts of money like monthly stipends, Social Security benefits, and veterans’ benefits. If the senior has a significant amount of assets, a conservator is usually required. A conservator, also appointed by the court, handles the ward’s finances.
Guardianships can be helpful in many instances, but there are a few downsides:
A guardianship typically lasts until the ward or the guardian dies. The relationship can also be terminated if the guardian resigns, or the senior is no longer incapacitated.
In some cases, the court may remove the guardian if they find it in the best interest of the ward.
Becoming a guardian for a senior loved one is an important decision. It restricts a senior’s rights to make certain life decisions.
At Heritage, we always recommend that seniors and their families seek assistance from a professional when it comes to legal matters. An attorney with experience in family law, probate law, or elder law will likely be familiar with adult guardianship. They can help you determine if adult guardianship is a good choice for your family.
Heritage Senior Communities offers memory care programs that cater to seniors with special needs, including those who are incapacitated. Contact us today to learn more about our communities or to schedule a private tour.
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