Guardianship for an Elderly Loved One
Many adults at some point in their life will find themselves at a crossroads between being a person’s loved one and being that person’s guardian or conservator, responsible for big and small decisions about their daily life. When you need to declare guardianship for an elderly loved one, seek legal assistance from the experienced elder law attorneys at BBA Law in Shelby Township, MI, to protect yourself and the person you love.
Understanding Guardianship
Guardianship and conservatorship are two legal provisions available to Michigan residents who need to care for a loved one. Granted by a Michigan court, a guardianship allows a person to care for and support someone who is mentally or physically unable to care for themselves. This daily and ongoing responsibility includes:
- Making important decisions.
- Tending to daily care needs.
- Understanding healthcare needs.
- Managing finances.
Should that compromised family member become incapacitated and if they do not have a durable power of attorney or advance medical directive, a family member typically goes to court and petitions to be named their guardian or conservator.
Maintain Quality of Life for an Elderly Loved One
Unfortunately, with age often comes the inability to think clearly and make sound, informed decisions. Whether this side effect is a result of dementia, mental illness, brain injury, stroke, or other serious health issues, the inability to make rational decisions necessitates the establishment of a legal guardianship to ensure the person is safe and someone is there to help them maintain their quality of life.
When a person does not make complete legal preparations for their future and becomes unable to care for themselves, it can feel like a difficult decision to file a petition for guardianship. The person in question must be declared incompetent, and this terminology can be difficult for many loved ones to hear or accept. Here are some matters to make this process move as quickly as possible without being detrimental to the person in question:
- Stay focused: Legal terminology is irrelevant – what matters is doing the right thing to protect the person you love, even if that means declaring them incompetent.
- Maintain open communication: Work out the details with other interested parties before you go to court to help prevent arguments at that stage of the decision-making. Disagreements about who should act as guardian can develop into a prolonged and costly process.
- Establish non-negotiables: If there are people to discuss this guardianship with, work to get on the same page about where the elderly loved one will live, who will deliver their day-to-day care, and what kind of medical treatment they will receive. Discussions about budgeting, bills, and investment management are also on the table.
File for Guardianship of an Elderly Loved One in Michigan
Some elderly loved ones do make proper preparations for the future through a power of attorney, but the legality of the document can be challenged if the power of attorney is not durable. If the document is void upon their incapacitation and they are now limited because of illness, disability, or advancing age, filing for guardianship is necessary.
When you are determined to be the legal guardian of your loved one, you need an elder law attorney to help you achieve your goal, especially if there are other family members with the same determination. The court will review who is well-suited for the role, whether backgrounds are clean, and if there are potential conflicts of interest that could interfere with the elderly loved one’s quality of life.
Contact BBA Law to schedule a consultation and learn more about filing for guardianship of an elderly loved one in Michigan.
