Part of life is watching our parents get older and their health decline. In many cases there comes a point when they are no longer able to make clear decisions about their life and health. This is when you or one of your siblings will most likely want to step in as a care guardian, so that you can help make rational decisions about your parent’s care. This will put tasks like healthcare advocacy, life care planning, and handling finances.
If you have an elder in your life who is in need of guardianship, there is a process you must go through to become their legal guardian. It can be a bit of a costly process due to court fees and the possible need for an attorney. It can be even more complicated if another family member is challenging you for the position of guardian.
Who Can Become a Guardian?
In most cases a family member or close friend can be appointed as a guardian. So long as they can prove that they are fit for the task, courts prefer to offer guardianship to these people since they are closest to the elder and familiar with their needs. However, if there is not a family member or friend who is deemed fit for the task, it is possible that a professional guardian will be appointed instead.
How to Become a Guardian
This process involves both an evaluation of the elder as well as the potential guardian through court proceedings. When you take over guardianship of an elder you are essentially stripping many of the rights they have about making decisions involving life care planning, finances, and medical procedures. This is not something that courts take lightly, so they will have a psychologist evaluate the elder to see if they truly need a guardian or not. You will also have to prove in court that you are capable of being a fit guardian.
So long as you are able to prove that your parent is in need of a health care advocate and guardian and that you are fit to perform the role, you shouldn’t have any problems. The courts want what is best for the elder in question, so as long as that is having you for a guardian, then guardianship should be awarded to you.