Many families support one another even when times are difficult. Sometimes, they have to support one another even when the person in need of support actively refuses help. Older adults often become fiercely protective of their independence. They may resent any attempts to curtail their freedom.
In many cases, they may lie to family members and even to medical professionals about their circumstances because they don’t want to risk a diagnosis that could make them dependent on others. Families sometimes have to go to court and request an involuntary guardianship because they believe an older adult can no longer take care of themselves.
When can families successfully secure legal guardianship through the courts?
When an individual becomes incapacitated
Generally speaking, the courts do not want to limit people’s legal authority and independence unless it is necessary for their safety. Those seeking guardianship typically need evidence supporting their claim that an older adult or someone with major medical issues has become incapacitated and is incapable of acting in their own best interests.
Medical records can help affirm a diagnosis with conditions that incapacitate individuals. Alzheimer’s disease, Lewy body dementia, frontotemporal dementia, traumatic brain injuries and even severe mental health disorders are all medical conditions that may leave individuals in need of guardianship.
In some cases, there is no formal diagnosis, but there is obvious cognitive decline. A professional evaluation could help establish that an individual may not be competent enough to act in their own best interests and handle their own affairs.
Testimony from family members, neighbors and others who regularly interact with a struggling adult can also potentially shed light on the situation. Provided that families can show the courts that an individual has failed to act in their own best interests or is incapable of managing their own affairs, the courts may grant guardianship over a vulnerable adult.
Guardians can make decisions about an individual’s day-to-day life, their medical care and their finances. Guardians have a duty to act in the best interests of the ward under their care. They are also subject to court oversight and can be removed from their position if they abuse their authority.
Sitting down to discuss concerns about a struggling family member with a skilled legal team can help people determine whether they have grounds to pursue guardianship. Taking action before the situation becomes too severe can prevent scenarios in which people sustain serious injuries or lose valuable assets because of their incapacitation.