Guardianship is an important decision that many do not come by lightly, as it is a lengthy court process on top of what may be an already taxing situation. Depending on where you live, the steps of getting guardianship of a parent can be complicated and expensive. 

But despite the obstacles, guardianship may be the only recourse to protect your parent from harm. It confers immense responsibility to you on behalf of your parent. Our step-by-step guide will make the process less stressful and may provide more information to help you remain confident in your decision. 

Guardianship should be the last step when thinking about how to safely care for your aging parent. Before going down the path of guardianship, it is recommended that you review what other options you can coordinate with your family and your parent.

It can be difficult to get control of a challenging situation as a family caregiver, especially if your aging parent refuses helpf. If you’re wondering what kinds of behavior warrants guardianship, here are some things to watch out for. Your parent may or may not be engaging in the following:

If you’ve found yourself unable to find ways to address your aging parent’s behavior without looking at legal options, here are some steps on how to obtain guardianship or other forms of legal recourse to protect your parent.

You can make guardianship documents legally online, for your children or other dependents, with a tool like Trust & Will. This is the simplest, most affordable option, and you can create your documents from the comfort of your home. 

Before embarking on the path to guardianship, it is recommended that you speak with your parent and your family, and prepare for any objections they may have. After all, you are communicating with someone who may not be able to fully understand.

A common condition known as anosognosia affects many people with Alzheimer’s and other cognitive impairments. The condition leads people to ignore the possibility that anything is wrong with them. 

It is important to remember that you are the child attempting to reverse your role as their parent, which can be hard for your parent to accept. Here are some things to have in mind when starting this delicate conversation. 

By alternatives, we mean substitute options when it comes to advocating for and protecting a parent. These should be in place before incapacity, since their validity can come under question if done too late.

However, if you are at the beginning of this process, consult an attorney to see if any or all of these might be an option.

Before making a firm decision about guardianship of a parent, meet with an attorney who works in and understands guardianship. An elder law attorney will walk you through the court process and instruct you on what documents you will need to file the petition.

If there is family conflict, an attorney can help you understand what scenario might occur at the hearing. Conversely, they can also help you find ways to resolve disputes before filing for guardianship. This would also be a time to make sure there are no competing legal documents naming someone else power of attorney.

Determine whether you want guardianship over the person and/or finances. Also, it is recommended that you speak with your attorney about the possibility of a limited guardianship.

Limited guardianships allow your parent to make some of their own decisions, which can help allay any suspicions or added resistance on their part. 

Each state will have a different process, and it could take some time for a hearing to be scheduled. There might be a fee involved. 

Again, states have different requirements but on the whole, most want documentation that supports the need for guardianship.

Examples include a letter of competency from a physician, psychiatrist, or neurologist attesting to your parent’s inability to make safe and reasonable choices about their healthcare and finances. 

You, your parent, and other interested parties will receive notice of the hearing. If your parent does not have an attorney to represent them, one will be appointed.

Many of these hearings are routine. Be prepared in the event that your parent or anyone else may object.

It is good to remember that they are entitled to speak at the hearing. Conflict can and does occur during guardianship hearings under these circumstances.

The judge will either appoint you as the guardian or not. If not, it could be for the following reasons:

If you are the guardian of the person and the estate, you are required to file reports to the court yearly. Some states require a care plan within a certain time frame after being appointed guardian.

At a minimum, you can be expected to provide the following:

If you decide to get guardianship of your parent, your work will have just begun. Know that your commitment and duty to keep your parent safe is an expression of your love and care. 

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