Guardianship is a legal relationship created by a court appointing an individual to care for an adult when they are no longer able to care for themselves. The appointed individual has responsibilities and duties to who they are appointed.
Senior Guardianship Basics
What is Senior Guardianship?
A guardian is someone who is chosen to make decisions for someone else, often when that person is no longer able to make decisions for themselves. A guardian might make decisions like:
- Consent for medical treatment
- Purchasing necessities like food, clothes, cars, and household items
- Managing finances
When to Appoint Guardians?
A guardian is appointed to an individual. Specifically, when that individual is no longer capable of acting on their own behalf.
Selecting a Person for Guardianship
The selection of a guardian is delicate. People with ties to the individual are preferable as guardians. These can include:
- A person designated by the individual in need of guardianship
- A spouse
- A parent
- A state employee
The person appointed by the court must be willing and able to perform the duties required and represent the interests of the individual.
What is the Senior Guardianship Process?
Each state has its own guardianship process and requirements. Generally, the following people can petition a court to designate guardianship:
- An older adult
- The spouse of an older person
- A relative of an older person
- Friends
- A local government agency
The process to become a guardian can be long and complex.
Pros and Cons of Senior Guardianship
The benefit of senior guardianship is that the individual who can no longer care for themselves receives care. That is basically the pros.
As for the drawbacks, there are several.
- Getting guardianship can be expensive with numerous forms
- There are a lot of requirements
- There will be multiple court hearings
- If there are any objections to guardianship, the process becomes more difficult
Alternatives to Senior Guardianship
Guardianship is a drastic step. Depending on where you live, here are some alternatives:
- Living trust
- Representative payeeship
- Power of Attorney
- Standby guardianship
These alternatives involve the individual being willing to assign their rights to another individual. If your parent/s or spouse becomes incapable of making that decision due to mental incapacity, then these alternatives will no longer be available.
Don’t let the future catch you off guard and start planning today with this FREE eBook, Plan the Future for You and Your Spouse’s Long-Term Care.
Confident Living is a continuing care at home membership program, focused on helping you remain active and independent as you age in your own home. We serve the greater Cincinnati area. For more information, contact us online or call (513) 719-3522.