As our parents become older, one of the most noticeable
changes is their inability to think as clearly as they once did. Unfortunately,
in some cases it becomes so severe that they are unable to make important
decisions on things such as their health and medical treatment. If your parent is
unable to handle matters himself or herself, you may need to consider
guardianship. Just as with a child, you can act as your adult parent’s legal
guardian.
Petitioning for guardianship is a serious matter and
involves taking legal action. If a judge finds that your parent is
incapacitated, he or she may appoint you as guardian to make personal and
health care decisions for your parent. In guardianship proceedings, “incapacitated”
means that the parent is incapable of meeting their health, care, safety, or
therapeutic needs without the assistance or protection of another person. An
incapacitated person may be a person who has a physical or mental problem that
prevents them from taking care of their basic needs and they are in danger of
substantial harm.
The legal guardian makes everyday decisions about how the
parent lives. These decisions include decisions about health and medical
treatment, where the person lives, and their social activities. It is the
guardian’s responsibility to act in the best interest of the parent. This can
be a difficult subject to discuss among your family. While you may believe that
your parent lacks the mental capacity they once had, they may not feel this
way. They may feel extremely dependent and vulnerable because they can no
longer handle their own lives. This can cause turmoil between a parent and
adult child and can go as far as the elderly parent appointing an attorney to
object the guardianship. In other circumstances, if there are multiple children
involved, there may be a dispute as to who will become mom or dad’s legal
guardian.
Written by Heather W. Winter, Esquire
