As our parents age and making decisions becomes more difficult, someone becoming a Guardian of their elderly parent rather than continuing as a Power of Attorney may become necessary and the best option to keep your parent(s) safe. But what is Guardianship and what do you need to know about it?
Following is a definition of guardianship and the questions you may want to get answered and be aware of before you pursue guardianship.
To get find answers to the guardianship questions, you can ask an attorney, see if your State’s Department of Health and Human Services has a booklet, check your local Probate Court to see if they can answer some of the questions or have a booklet, search the web, get a free report that answers the questions presented here at The Practical Expert or speak with a social worker at any hospital or nursing home.
Definition of Guardianship:
(Appointee refers to the person applying for Guardianship, or who is a court-appointed appointed Guardian; Ward refers to the person who is or would be under Guardianship.)
Guardianship is a legal mechanism, usually done through Probate Court, which appoints a person, persons or public entity, to make decisions on behalf of another person. The Appointee must demonstrate that the Ward is unable to make decisions responsibly or independently. A Guardian has the power to make decisions for the Ward, even if they are decisions the Ward does not like. Control over where a person lives, how money is spent, what medical care is received, etc., are the responsibility of the Guardian. There are several different versions of Guardianship, including full Guardianship, which is the most restrictive, and limited Guardianship, which spells out specific areas that a Guardian will control. There is also Co-Guardianship, Limited-Time Guardianship, Medical Guardianship, Residential Guardianship and Temporary Guardianship. These will be discussed later. » Read more: Elderly Parent’s Guardianship
