It is common for children of elderly parents to believe that their parents do not need a guardian because their parents still take care of themselves. A guardian does not have to strip the elderly of their independence. In fact, to have a guardian can help seniors retain independence outside of a care facility.
If your older loved can no longer manage finances or medical decisions but never set up a durable power of attorney, then you may need to request that the court appoints a guardian, according to HealthinAging.org.
What is a guardian?
There are two different types of guardianships. These guardianships include unlimited and limited guardianships. Limited guardians take control of a specific area in a person’s life. For instance, say that your loved one can no longer monitor his or her finances. The limited guardian could handle the finances.
Unlimited guardians, on the other hand, have complete legal authority over the elderly person. The guardian can make all decisions for the other. For instance, he or she may make decisions about your loved ones living space, his or her medical care, finances and more.
How can you establish a guardian?
To appoint a guardian, you attend the guardianship hearings. if you ask the court to appoint a guardian, you are the petitioner. Relatives or social service agencies and healthcare providers can petition for the older person. If it turns out that you can prove that your loved one cannot manage his or her affairs anymore, then the court can appoint a guardian for your aging loved one.