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A guardianship can be a crucial tool to help ensure a senior’s daily needs are met. However, a guardianship isn’t necessarily needed simply because a person is elderly or has a disability. Since these arrangements can significantly impact a person’s civil liberties, a court can only appoint a guardian if it has been determined that the individual is legally incapacitated. Notably, there are certain warning signs to look out for that can help you decide if it’s time to petition for a guardianship for a loved one.
Here are several warning signs to be aware of that may indicate an adult guardianship is needed:
If your loved one is showing signs of cognitive decline, confusion, or serious memory loss, these may be warning signs an adult guardianship is needed. For instance, they may forget appointments or important dates, have difficulty recalling recently learned information, and ask the same questions repeatedly.
Forgetfulness can sometimes be a normal part of aging. However, when these symptoms are serious and disrupt daily life, they could point to cognitive decline. If you notice your loved one’s decision-making is impaired, they are forgetting to take medications, or they get lost in familiar places, a guardianship can help ensure their safety and welfare.
Neglecting hygiene shows an inability to care for oneself and is often connected with cognitive decline or underlying medical issues. Signs that your loved one is neglecting their self-care can include failing to bathe or groom, wearing dirty clothes, not eating or staying hydrated, and missing medications. These issues can demonstrate an inability to live independently, which is a factor that would be considered by a judge in determining whether an adult guardianship is appropriate.
An elderly adult suffering from cognitive decline may not be able to recognize hazardous or unsafe conditions in their home. For instance, the home may accumulate trash or clutter, or be in a severe state of disrepair. Your loved one might also forget to turn off the stove or be unable to clean, resulting in an unsanitary environment. If your loved one’s safety or welfare is at risk in their home, a guardianship may be needed to ensure they get the help they need.
If your loved one refuses medical treatment or continuously forgets their doctor appointments, a guardianship might be needed if they do not have the capacity to manage their own healthcare. While a court would consider the least restrictive options before appointing a guardian, a judge would first determine whether a healthcare power of attorney is in place. In such cases, the designated agent would be the individual authorized to make healthcare decisions.
Unexplained bruises or injuries are a serious issue that may indicate your loved one has difficulty getting around or performing their daily activities. They might experience frequent falls or have issues with losing their balance. While physical impairments alone may only necessitate some additional assistance, they become warning signs for an adult guardianship when they occur alongside cognitive decline. The urgency for a guardian can be heightened if your loved one demonstrates an inability to communicate their basic needs. A guardian would be able to address these issues and help ensure your loved one’s wellbeing.
When an individual suffers from cognitive decline, they are more vulnerable to financial exploitation and scams. They might miss bill payments, mismanage their finances, or make reckless financial decisions that jeopardize their savings and risk dissipating their assets. If a financial power of attorney is not in place, a conservatorship may be necessary to manage their finances and protect their assets.
While a guardianship focuses on the incapacitated person’s day-to-day care and welfare, a conservatorship has to do with managing their financial matters. The same person may be appointed to act in both roles, or they can be two separate individuals.
A diagnosis of dementia or Alzheimer’s alone does not automatically mean an individual is incapacitated. Legal incapacity still requires a court finding, separate from a medical diagnosis. However, these conditions typically lead to loss of mental capacity. Unless a prior plan for incapacity was put into place, such as a power of attorney, an adult guardianship may be necessary to protect the person from harm.
Guardianships are often legally complex and emotionally overwhelming matters. If you believe an adult guardianship may be needed for your loved one, it’s important to have the guidance of a knowledgeable attorney. At Suzanne R. Fanning, PLLC, our guardianship attorneys are committed to helping clients navigate the guardianship process with diligence and compassion. Contact us today to schedule a consultation to learn how we can help.
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