What It Means to Be a Guardian for an Aging Parent
Becoming a legal guardian for an aging parent means taking on a serious responsibility. You’ll be legally in charge of making important decisions for them—especially regarding their daily care, medical needs, and possibly their finances.
Most guardians are family members who were already helping out informally. But sometimes, due to family conflict, a professional guardian is appointed by the court instead.
How Guardianship Is Decided
To become a guardian, you must go through a legal process. This includes:
- A court hearing
- Proof from a doctor or medical professional that the parent can no longer care for themselves (called incapacity)
In legal terms, the parent is then called a “ward.” Incapacity can mean things like:
- Memory problems (like dementia)
- Serious brain injuries
- Problems from medications
- Inability to do everyday tasks
When Guardianship Is Contested
Sometimes, the parent doesn’t believe they need a guardian—or family members may disagree on who should be the guardian. These are called contested guardianship cases, and they can become expensive and emotionally draining.
In such cases, the court may appoint a professional guardian to avoid further family conflict.
To support the request for guardianship, medical documents must show that the parent cannot safely make decisions on their own. A neuropsychological evaluation may also be required as part of the proof.
Understanding the Role of a Conservator
Along with a guardian, the court usually appoints a conservator—someone responsible for managing the parent’s money and property.
- In some cases, one person can be both guardian and conservator (often a family member).
- When professionals are involved, guardians and conservators must be separate to ensure proper oversight.
The conservator should manage the parent’s money in a way that supports their care—not to preserve money for inheritance. If enough funds are available, the guardian can hire help or pay for services like adult daycare or therapy.
Every state has different rules and terminology, so it’s wise to hire an attorney who specializes in elder law or guardianship to guide you.
The Guardianship Process: What to Expect
Getting guardianship is not a quick or easy process, especially when it involves taking away someone’s independence. It’s important to have honest conversations with your parent and family about why guardianship may be necessary.
The legal process involves:
- Filing a petition in court with detailed information (about the parent, the person applying, and why guardianship is needed).
- A court investigation to assess the situation.
- A hearing, where the judge decides whether to approve the guardianship.
Guardians are usually allowed to receive reasonable payment for their work, but family members often choose to waive this. If a professional or public guardian is appointed, their payment comes from the parent’s estate.
Final Thoughts
Accepting guardianship means accepting that your parent can no longer live independently. Being open and honest during this transition is crucial. Misleading them or rushing the process can lead to confusion and stress.
Working with an experienced attorney can help avoid mistakes and make the process smoother for everyone involved. Call (207)848-5600
