How to Obtain Legal Guardianship Over a Parent

As parents age, they need a guardian to handle day-to-day affairs.

As parents age, they may become incapacitated by dementia, Alzheimer's or other diseases that make it impossible for them to make everyday decisions and to care for themselves properly. In such a case, an adult child may need to obtain legal guardianship -- known as a conservatorship in some jurisdictions -- over the parent. A legal guardian can make decisions about health care, financial matters and property. Obtaining legal guardianship requires an order from a judge, who must find that the guardianship arrangement is in the best interests of the parent.

Instructions

1. Gather information about the mental health of your parent. The guardianship proceedings turn on the mental capacity of the parent. You will need the help of your parent's doctor and health-care providers to show that she is unable to care for herself independently or make decisions regarding finances and property.

2. Start a guardianship proceeding in the court in the county where your parent resides. Ask the clerk of the court to guide you in filing the proper documents and submitting the correct filing fee.

3. Attend all hearings and comply with any requests from the court or its agents. The judge will schedule hearings regarding the proceeding. The judge also will send social service officials to verify the health and mental capacity of your parent.

4. Wait for the disposition of the court. The judge will issue a written order granting guardianship, if he rules in your favor. Upon receipt of the order, you will begin to make decisions for your parent.

Tips & Warnings

• A good practice before seeking legal guardianship is to confirm that other family members will support you. Family members and others can intervene in conservatorship/guardianship proceedings at any point to oppose your petition. Settling matters in advance will ensure a smoother process.

• Conservators and guardians have a duty to manage property and assets legally and fairly. Failure to do so is an abuse of your office and can lead to criminal charges.

References

• Caring.com: How an Adult Guardianship, or Conservatorship, Works
• NOLO: Conservatorships and Adult Guardianships