Many people who act as guardians care for children. In scenarios where the biological or adoptive parents of minors die or become incapable of caring for their children, guardians can step into the same legal role that a parent fills.
Occasionally, individuals who are legal adults may require the support of a guardian. State statutes allow the courts to designate a guardian for vulnerable individuals who cannot effectively manage their own affairs.
Family members, concerned neighbors and even professionals working for nursing homes can go to court in pursuit of guardianship authority. How do people determine when an older adult might require the support of a guardian for their health and safety later in life?
1. A major medical diagnosis
For many families, a doctor diagnosing a loved one with Alzheimer’s disease or dementia alerts them to their vulnerability. It is easy to overlook the slow signs of cognitive decline in an individual when interacting with them daily. A medical professional evaluating someone and determining that they have major medical challenges can be a wake-up call for that individual and the people who care about them.
2. Significant financial issues
Sometimes, an older adult does not meet the diagnostic criteria for dementia or other serious conditions. However, they may still prove incapable of managing their own household as they once did. They may forget to pay their mortgage or their utility bills.
They may end up tricked or manipulated by scammers. Fraud can cost older adults tens of thousands of dollars, and those experiencing cognitive decline are particularly vulnerable. Falling victim to a scam or struggling to manage household finances can be warning signs that an individual can no longer manage their own affairs independently.
3. Injuries resulting from a lack of support
Sometimes, older adults refuse to get medical support out of fear of how a doctor might diagnose them. They may withdraw from social relationships and try to handle everything on their own despite their declining physical and mental capabilities. In such scenarios, they might fall, get into a car crash or sustain other significant injuries because of their functional limitations.
Concerned parties seeking guardianship often need medical evidence, financial records and witness testimony to convince the courts that an individual requires the support of a guardian. Pursuing guardianship in court may help empower concerned individuals to provide the assistance that older adults require. Guardianship is demanding but can ultimately be beneficial for both the ward who requires support and the guardian who may get peace of mind regarding their vulnerable loved one.
