With the average lifespan of a person increasing, there is a growing chance that you will live beyond the age that you are capable of caring for yourself. As such, there is a need to consider what should be done in these matters.
Elder law encompasses a wide range of legal matters and essential decisions to make. An important situation to consider is what should occur if an injury, illness or old age impacts your decision-making abilities. While power of attorney and medical directives help in these matters, it is also vital to consider whether guardianship would be beneficial. Similarly, if guardianship is something you seek to avoid in the future, it is important to understand what alternatives are available.
Elderly guardianship
The primary purpose of elderly guardianship is to ensure that an elderly adult receives proper care and is only utilized in matters where they are no longer able to care for themselves. A guardian can help ensure medications are taken properly, regular hygiene is maintained, finances are properly managed and necessary medical decisions ae made.
A guardianship is established when a court appoints a guardian because it is in the older adult’s best interest. Generally, the process to establish guardianship begins with a person or entity petitioning the court to name them as guardian.
This process can be complex and lengthy as it requires a showing that guardianship is necessary after providing all pertinent information, informing the older adult and their relatives, explaining why alternatives are not available or appropriate and the courts investigation, if applicable, determines guardianship is necessary.
Alternatives to guardianship
Because petitions for guardianship are expensive and the process can be complex and lengthy, guardianship of an older adult is often viewed as a last-resort option. Thus, various alternatives to guardianship should be considered. This includes establishing a living trust, drafting a living will, establishing a representative payee for Social Security and government benefits and executed a power of attorney. Additionally, it may be possible to name a standby guardian in the event they suffer mental incapacity.
Navigating the guardianship process can be challenging, making it imperative to fully understand the steps involved. Similarly, it is important to consider the alternatives to guardianship and how to accomplish them.