As people age, they may experience changes in their physical health and cognition. Older adults are vulnerable to falls. They may find themselves confused or could become quite forgetful. When an older adult struggles to live independently or a doctor diagnoses them with a serious condition, such as Alzheimer’s disease, people around them may start to worry about their safety and financial stability.
It is possible to seek guardianship of an adult to assume control over decision-making regarding their daily life and ensure their needs are met. A guardian can make decisions about where someone lives and what medical care they receive. They can help manage their finances and meet all of their basic needs. Who can potentially seek guardianship when an older adult needs support to live safely?
Concerned friends and family members
Often, the people seeking guardianship are those with close relationships to the incapacitated individual. They have witnessed their decline or documented increasingly concerning cognitive deficits.
Those with insight into the day-to-day life of an older adult may notice changes that indicate that they need help. People who can pass background checks and uphold the fiduciary duty to act in the best interests of the vulnerable adults could petition the courts for guardianship.
Caregiving professionals
People who work at long-term care facilities and others providing daily care for vulnerable people sometimes seek guardianship over aging adults. Particularly when individuals have failed to pay for their care or when their family members are not consistently present in their lives, professionals working at facilities may initiate guardianship proceedings.
Guardianship can be beneficial for those who struggle to make decisions in their own best interests. While older adults often loathe the idea of giving up their independence to others, it is sometimes necessary to do so.
Some people on the decline can enter into voluntary guardianships to protect themselves as their situation changes. Other times, outside individuals can initiate involuntary guardianship proceedings to protect people who are vulnerable.
Reviewing the circumstances of a vulnerable party can help people evaluate whether guardianship is a reasonable solution. Concerned family members, friends and caregivers could all potentially pursue an adult guardianship when an aging older adult needs support and does not have durable estate planning documents in place.