Claiming Guardianship of an Elderly Parent

When most people think of guardianship, they picture a child under the care of a trusted adult. But guardianship can also apply to elderly parents who can no longer safely care for themselves or make sound decisions.

Taking guardianship of a parent is a serious step. It removes some of their independence and gives you legal authority over decisions that affect their health, safety, and finances. Before moving forward, consider whether guardianship is truly the best way to protect your loved one—or whether less restrictive alternatives might work.

Step 1: Determine Whether Guardianship Is Needed

If your parent has not already named a power of attorney (POA) for finances or health care, guardianship may be the only way to step in and make decisions legally.

The process usually begins by obtaining a physician’s certificate or doctor’s letter stating that your parent cannot:

• Safely care for themselves
• Perform activities of daily living
• Make rational, informed decisions

This document is a standardized state form completed by a physician after an exam.

What If Your Parent Refuses an Exam?

If your parent already struggles with dementia, Alzheimer’s, or paranoia, they may resist evaluation. In that case, you can petition the probate court to order an independent medical exam. The court will appoint a physician to assess your parent’s physical and mental capacity.

Step 2: Prepare for a Difficult Transition

Seeking guardianship can be an emotional process. Many parents fight to keep their independence, even when it’s no longer safe—especially when it comes to issues like driving.

Guardianship often becomes necessary when:

• A parent insists on driving despite being unsafe
• They neglect basic health needs
• They are vulnerable to financial exploitation
• They put themselves or others at risk

Step 3: File a Guardianship Petition

Once you have medical documentation, you can file a petition for guardianship through the probate court. Filing does not automatically make you a guardian—the court must first:

• Review your petition
• Conduct a criminal background check
• Evaluate your financial responsibility
• Ensure there are no conflicts of interest

You must also notify all family members and other legally interested parties of your petition, as required by state law.

Step 4: Understand the Court’s Appointments

When you file, the court will appoint an Attorney Ad Litem to represent your parent’s wishes. Their job is to act as though your parent hired them personally.

In some cases, the court may also appoint a Guardian Ad Litem—a neutral party who investigates and recommends what they believe is in your parent’s best interest. Despite the name, this person is not the guardian but serves as the court’s “eyes and ears.”

Less Restrictive Alternatives to Guardianship

Before pursuing guardianship, consider whether these options might work:

• Power of Attorney (POA): Allows someone to make financial decisions for your parent.
• Medical Power of Attorney: Authorizes a trusted person to make medical decisions if your parent becomes incapacitated.

These options are less costly, require no court involvement, and give your parent more control over who will act on their behalf.

When Guardianship Is the Best Solution

Sometimes, guardianship—also called elderly conservatorship—is the only way to protect a parent who is no longer physically or mentally capable of self-care.

An experienced guardianship attorney can:

• Guide you through the process
• Ensure deadlines are met
• Help you explore alternatives if they exist
• Advocate for what will best protect your parent

Take the First Step

Guardianship decisions are never easy, but the right legal guidance can make the process smoother and ensure your parent’s safety.

📞 Call us today at (207) 848-5600 or visit our CONTACT to discuss your situation. We can help you determine whether guardianship is the right path or if there are more flexible, cost-effective options for protecting your loved one.