Difficulty: Moderately challenging
Step1
Understand that all adults are considered able to make decisions for themselves unless it is shown to a court that the adult in question is grossly mishandling his or her affairs and is impaired in a serious way.
Step2
Know that guardianship, also sometimes called conservatorship, can be granted over the impaired person's finances and also over the impaired person's "person" (giving the authority to make decisions about medical issues and other life matters).
Step3
Think about the situation and the person you believe needs assistance. If it is a neighbor or friend, talk to the person's relatives and explain your concerns. Find out if the person could get Meals on Wheels, financial assistance, transportation to medical care and other services for seniors or mentally challenged individuals.
Step4
Look at care facilities and services. Sometimes a person may not be able to manage the responsibilities of his or her own home but can function well in a supervised or aided environment.
Step5
Ask around, if you are concerned about your own parent, express your concerns to your other parent and any siblings you have. Try to devise a plan that will assist the parent in dealing with the difficulties he or she is confronting.
Step6
Hire an attorney who handles elder law or read your state's laws and ask court clerks for assistance filing papers if you decide to seek a guardianship.
Step7
Petition your local surrogate's court for guardianship papers.
Step8
Be prepared to take on a lot of responsibility if you become an adult's guardian.
Comments
ladeed1a said
on 9/23/2007 yes,
my father is 90+ years old an is suffering from alshieners. he does not know where he is 95% of the time. his doctor advised that i inquire about full guardianship. what do i have to do. i'm on disability,and a lawyer would be expensive. i was raised to take care of our own but i can find it very difficult to handle this terrible condition with little or no support. please advise me as to what is needed he has his perssonal things in puerto rico. i'd like to save those pics, and my parents belongins for my grandchildren.
with a guardeanship i can deceid a good place where they can take care of him and make give him a better quality of life . my email address is ladeed1a@aol.com thank you
Anonymous said
on 1/4/2006 Sometimes it is quite possible the Principle in the Power of Attorney is understanding of the document, but due to impaired mentality and understanding due to stoke or other, she is easily swayed by people to change documents around and re-sign papers that were already set in place. This is due to a doctor signing an affidavit, long before other serious brain surgeries, and impaired capacity has taken place. Once the Principle is placed in a rehab facility, the facility must act on the affidavit that the Principle is his/her own guardian, reassessment is almost impossible, due to fact the Principle must agree, thus this leaves the Principle exposed to fraud/mistreatment (especially someone with gross assets) to outside individuals only interested in their own gain. This leaves the Power of Attorney of Health unable to exercise any powers at hand, unless a conservator/guardianship is granted. This is something nobody ever really wants to do, it's a hassle, and expensive, and is a full time job for the guardian for the rest of their lives, breaking up their own families for someone who really isn't grateful, or of the full understanding that the Agent is only trying to protect them from harm. The Power of Attorney Document for Health care should provide something for the grey area.