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Setting up a guardianship for an elderly loved one

| Jun 15, 2021 | Elder Law

Setting up a guardianship for an elderly family member is an important process for their loved ones. It is important for family members to be familiar with the process of setting up a guardianship because a lot rests on that process.

The process of setting up a guardianship

An elderly guardianship or elderly conservatorship is a legal relationship when a guardian is appointed to care for an elderly person who is unable to care for themselves. The guardian appointed by the court has duties and responsibilities to the elderly person.

When an elderly loved one is unable to remember to take medications, maintain regular hygiene or properly manage their finances, it may be time to seek a guardianship for them. The guardian designated can take care of these concerns for the elderly person and is required to put the interests of the elderly person first.

Rules governing guardianship of elders

The rules may be different in different states but generally several parties may request the appointment of a guardian including the elderly person themselves, a spouse or domestic partner of the elderly person, a relative of the elderly person, a friend of the elderly person or a state or government agency. Because a guardianship, once set up, is taking some of the rights of elderly person and entrusting them to the guardian, the legal process must be followed and the request must be made to the court and the court must approve the request.

Setting up a guardianship can be a complex process that can be emotional with significant legal ramifications. Elder law legal resources are available to help families navigate these challenges and do what is best for their loved ones.