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What to consider when establishing guardianship

On Behalf of | Aug 30, 2024 | Guardianship

Setting up a guardianship for an aging parent with dementia is a big decision. Several important legal steps and considerations come into play to make sure your parent gets the care and protection they need.

Deciding if guardianship is necessary

Before seeking guardianship, you need to decide if it’s truly necessary. Guardianship is usually considered when an aging parent with dementia can no longer make good decisions about their personal or financial matters. 

This could involve managing their health care, paying bills, or ensuring their safety. Many families first look at less restrictive options. They may choose to set up a power of attorney or health care proxy before turning to guardianship.

The process of establishing guardianship

To establish guardianship, you must file a petition with the court. In this petition, you explain why guardianship is necessary and provide evidence that your parent can’t manage their affairs. The court then appoints a court evaluator to investigate. This evaluator meets with your parent, looks over their medical records, and talks to family members to see if guardianship is the right step.

The court’s role

The court decides whether to grant guardianship after reviewing the evaluator’s report and hearing from everyone involved. They focus on making sure guardianship is in your parent’s best interests and that the person chosen as guardian will act responsibly.

Make sure your parent gets proper care

Navigating the guardianship process for a parent with dementia involves a commitment to their well-being. By understanding the legal requirements and responsibilities involved, you can make informed decisions that prioritize your parent’s care and protection. Taking these steps helps secure a supportive and safe environment for them during a vulnerable stage of life.

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