Guardianship is a legal arrangement in which one adult assumes responsibility for another. A legal guardian has an obligation to act in the best interests of the adult ward in their care.
The courts have the authority to award guardianship to a competent adult, but they generally need compelling evidence showing that an individual requires that degree of support. What are some of the warning signs that concerned family members may soon need to pursue an adult guardianship?
1. A major medical diagnosis
Guardianship frequently follows a healthcare professional diagnosing an older adult with a progressive or degenerative cognitive disorder or condition. Medical challenges such as Alzheimer’s disease often leave people incapable of acting in their own best interests.
2. Losses due to fraud
Older adults and those experiencing cognitive decline are vulnerable to fraudulent conduct. Family members, caregivers and even total strangers can trick or manipulate older adults. Evidence of significant fraud losses could indicate that an older adult can no longer manage their own affairs.
3. Regular displays of confusion
Cognitive decline often begins with minor issues that slowly grow over time. When family members notice that a loved one has become increasingly confused, that can be an early warning sign of their declining ability to live independently. If an older adult forgets why they entered a room, can’t remember to pay their mortgage or overlooks other key responsibilities, their confusion could make their continued independence problematic.
Securing an adult guardianship limits a loved one’s exposure and helps ensure they have the support they need. Family members may need help following the appropriate procedures to pursue a guardianship for the support of an aging loved one.
