It is only natural for adults to want to protect their elderly parents. After all the effort our parents put into raising us, how could we not want to return the favor when they need us most? Unfortunately, obtaining legal guardianship is not as easy as you may hope.
Without the power of guardianship, your vulnerable parent may at risk form many things, like fraud.
The steps you need to take
It is not enough for someone to hope that things will just fall into place after your passing. Without proper documentation, vulnerable adults may face the court’s decision about who will look after them, rather than their family’s choice.
To obtain guardianship, you must first prove that your parent is vulnerable. Illnesses like Alzheimer’s or dementia can be easy to prove, depending on how serious it is. One the person seeking guardianship, or petitioner, establishes their parent’s vulnerable state, they can proceed with the request.
A petitioner will also need to prove that they have a care plan in place, and have the means to execute it. If the court agrees with the petition to obtain guardianship, then they will place the vulnerable adult under the guardianship of the petitioner.
Where do I start?
If you are interested in earning guardianship over someone who needs your care, talk to an experienced elder attorney. They can help you make your case for guardianship in a courtroom, so you can give your loved one the care they need.