Deciding to seek guardianship over a loved one is never easy. You may be feeling a huge range of emotions over the situation – from concern and confusion to guilt and grief. However, in some cases, action simply becomes necessary to ensure that a vulnerable loved one receives the care, protection and support they need. Understanding the signs that indicate it may be time to ask the court for guardianship can help you navigate this difficult terrain with clarity and compassion.
Guardianship is a legal relationship in which a court appoints one person (the guardian) to make decisions for another person (the ward) who is no longer able to manage their personal or financial affairs due to incapacity. This might involve decisions about healthcare, living arrangements, finances or daily needs. While guardianship can be sought over people of any age, it is often a difficult decision to make when it involves a senior.
When should you consider seeking guardianship? There is no one-size-fits-all answer, but here are some common scenarios in which guardianship may be necessary:
1. There is cognitive decline
If a loved one is suffering from Alzheimer’s disease or another form of dementia and is no longer able to understand or make decisions about their healthcare, finances, or personal safety, guardianship may be appropriate. Warning signs include things like forgetting to take medication or taking it incorrectly, falling for financial scams or being unable to manage bills and getting lost or confused in familiar places. Obviously, a one-time event is cause for concern – but not likely cause for legal action. Repeated events, however, warrant closer examination.
2. There is a serious mental illness
In cases of severe, untreated mental illness – such as schizophrenia, bipolar disorder or other psychiatric conditions – a loved one may be unable (or unwilling) to seek treatment or make sound decisions. If this results in situations where they are a danger to themselves or others, guardianship may become necessary.
3. They have developmental disabilities
Adults with developmental disabilities may need long-term support with decision-making. If a loved one is turning 18 and will be unable to manage critical aspects of daily life on their own, guardianship might be part of a broader care plan.
4. There is sudden incapacity
A traumatic brain injury, stroke or sudden illness can render someone temporarily or permanently incapacitated. If your loved one did not prepare advance directives or powers of attorney in anticipation of such an event, guardianship may be the only legal path to make urgent decisions on their behalf.
5. There has been exploitation or abuse
If a loved one is being financially exploited, manipulated or neglected by their caregivers – and they lack the capacity to protect themselves – guardianship may be necessary to intervene and safeguard their well-being.
Additional considerations when guardianship is sought
Courts do not grant guardianship lightly. You’ll need to demonstrate that your loved one is truly incapacitated – with supporting medical evidence – and that they can no longer make or communicate responsible decisions about their health, safety or finances.
The court will also consider whether there are any less restrictive alternatives available, as the goal is always to protect the individual while preserving as much independence as possible. These may include a durable power of attorney, health care proxy, a living will or supported decision-making agreement. All of these are tools that allow a person to retain more control over their life with assistance. If your loved one still has the capacity to understand and sign legal documents, these alternatives can often meet their needs without involving the courts. In any situation, however, legal guidance is recommended.
