5 Ways to Know you Need a Guardianship for Mom (or Dad)
Many adult children see that once their parents reach a certain age, their roles may reverse. The child may be taking care of the parent more and more. But when does the child know that it is time to take the drastic step of establishing a guardianship for their mom or dad? Here are 5 ways that may indicate their your beloved parent may need a court’s intervention to protect them and their assets.
- Refusal to sign a power of attorney.
- If your parent either refuses to sign anything in front of them, or you have the frightening feeling that they would sign anything in front of them, a guardianship may be necessary.
- Real property or investments have to be sold.
- Depending on the laws of your state, you may have to have a guardian appointed in order to sell their home or other investments if you have been appointed with power of attorney.
- Disagreement over nursing home.
- If you feel that your parent would be healthier (and safer) in a nursing home and they refused, you may need to petition to be named as guardian.
- Medical intervention beyond the health care proxy.
- If your parent cannot give informed consent anymore because of dementia or Alzheimer’s, being appointed as a guardian can give you the authority to authorize medical treatment and certain medications.
- Decision-making is compromised in some areas.
- A limited guardianship may be the best course of action if your parent retains the ability to make decisions in certain areas of their life but not in others, such as financial or investment decisions.
See Christine Fletcher, 5 Ways to Know you Need a Guardianship for Mom (or Dad), Forbes, September 13, 2018.
Special thanks to Joel C. Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.