What Should You Do As Your Parent's Guardian?
Taking care of an elderly parent often feels like a full-time job, especially when they need almost full-time care. In some cases, it means your father or mother moving into a nursing home. In other cases, it means:
- Becoming your parent's full-time guardian
- Having someone else named as your parent's full-time guardian
So, take a look at what it means to obtain guardianship and what you should do as your parent's guardian.
Why Does A Court Have To Appoint A Guardian?
A court can determine that a person is disabled if an injury, disability, or illness makes it difficult for them to make decisions about their:
- Finances
- Medical care
- Living situation
Some of the most common examples of incapacitation are:
- A person who is in a coma
- A person who has an Intellectual disability (ID)
- A person with dementia or Alzheimer's disease
- A person who has suffered some sort of brain injury or a stroke
Power Of Attorney Vs. Guardianship
Having a power of attorney is always a great idea. But, it is not something that can be set up after a person has been declared disabled.
If a person becomes so disabled that they'd need a guardian, they can no longer legally create a power of attorney. A court can nullify any power of attorney made by a disabled person.
If a disabled person created a power of attorney in good health, the agent they named in it has the power to make health care or financial decisions. But, if the person has the power of attorney to handle one area of their lives, the court may appoint someone as a guardian to handle the decisions not provided in the document.
Who Will The Court Appoint As Guardian?
Guardianship starts with the court seeking a person to fill the role of a guardian. The court's first choice is usually a close family member, such as a spouse, partner, or child. But, if there is no option within the immediate family, the court may consider close friends or other family members.
If that also fails, the court may appoint a professional guardian. Becoming a guardian ensures your loved ones get the care and protection they need at a time when they cannot take care of themselves. A guardianship is a pretty big responsibility.
You are considered an officer of the court and have to make reports to the judge regularly. It is a role that you can expect to play for awhile. In most cases, it lasts as long as the rest of the disabled person's life. So, being a guardian is a tough and challenging job.
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