Should I Get a Guardianship for My Elderly Parent

As our parents age, some of them may lose their ability to take care of their daily affairs, including the payment of bills, managing their residence, managing their health care, or other activities that are associated with daily living. Should that be the case, a question may arise whether you should seek to become a guardian for your parent. This article provides some general guidance as to when it is appropriate and necessary.

While our parents are still competent, some choose to grant powers of attorney to their children in order to provide a mechanism by which their children may provide assistance should they become incapacitated. While this is certainly one way in which a child may provide assistance to their parent, being appointed a guardian for their parent provides a greater degree of control for managing both their parent’s care and finances. This blog will discuss when and how to obtain a guardianship for your parent.

If your parent did not previously grant a power of attorney to either you or your siblings, and should your parent begin to exhibit signs of incapacity, as well as the inability to manage their affairs, it may be necessary to seek a guardianship for your parent. In the absence of guardianship, you will be legally unable to manage your parent’s affairs with regard to both their finances, as well as their healthcare. As such, should a power attorney not exist under circumstances where a parent has become incapacitated, that party must proceed with a guardianship action in order to protect and preserve their parent’s health, and financial well-being.

In general, the process of obtaining a guardianship for your parent is straightforward. The first thing that you will have to do is to obtain two medical evaluations by doctors who provide care or services to your parent. Should your parent not have a current treating physician, an appointment can be made with a psychiatrist, or even a general practitioner who may be able to render an opinion to the court concerning the capacity of your parent and their ability to manage their affairs. During this process, it is important that you maintain contact with your siblings in order to decide who should serve as guardian for your parent, whether there might be a co-guardianship, as well as questions concerning how the process will work. After the doctors’ reports are obtained, an attorney will prepare a complaint to be filed with the county surrogate seeking the appointment of a guardian for the alleged incapacitated individual.

After the filing of the complaint, all interested parties, as defined by the guardianship statute, will be provided notice of the complaint and the proceedings which lie ahead. If the guardianship is uncontested, as to both the incapacity of your parent, as well as who is to serve as guardian or co-guardian, the process will be quite straightforward. On the other hand, if there is pushback as to whether individual is incompetent, or who should serve as guardian, the process can become complicated. This blog only discusses the more simple process of a guardian being appointed.

At the guardianship hearing, the court will determine whether your parent is incapacitated and whether a guardian is appropriate. Provided there is sound medical evidence of incapacity, a guardian will be appointed and their role will be defined by the Court. Once the court renders this finding, an Order will be issued appointing an individual as guardian. Once appointed, the guardian essentially steps into the shoes of the incapacitated individual and is allowed to manage both their finances as well as their healthcare. The guardian will be responsible, however, to provide an accounting to the surrogate’s office on a yearly basis concerning both the individual’s finances and healthcare. After the appointment as guardian, the guardian is now able to manage all of the finances and will be authorized to work with any and all financial institutions or medical providers in assisting their parent.

While the process of becoming a guardian for your parent may seem complicated, the process is much simpler in an uncontested matter than might first be apparent. Nonetheless, it is suggested you consult with competent legal counsel to assist you through this process to ensure it is properly completed.