How to Get Guardianship of a Parent with Dementia

Taking care of a parent with dementia often requires making decisions on their behalf, especially as their condition progresses. Guardianship might be necessary if your parent can no longer manage their finances, healthcare, or other vital aspects of their life. 

You can obtain guardianship of a parent with dementia through a comprehensive legal process designed to protect all involved parties. This process involves filing a Petition for Guardianship, which you must tell your parents and other family members about. Then, you have to obtain and submit a physician’s statement and finally pass the court’s assessments.

What Is Guardianship?

Guardianship is a legal arrangement that allows a responsible individual to make decisions for another person who cannot do so themselves. 

Guardianship manages financial, medical, and personal affairs for a parent with dementia. It is important to note that guardianship gives someone a lot of power over an individual’s property, finances, and healthcare, so it is considered a serious legal matter.

There are 2 main types of guardianship for adults: guardianship of the person and guardianship of the estate. 

Guardianship of the person covers decisions about healthcare and living arrangements. In contrast, guardianship of the estate involves managing finances and property. In some cases, a court may grant one or both types depending on the needs of the parent with dementia.

The court must determine that the parent is legally incapacitated before guardianship can be granted. Courts carefully protect the rights of individuals with dementia, so this process requires clear evidence and legal procedures.

Obtaining guardianship can be a complex process, but it’s designed to make sure that you or another responsible party can effectively care for your parent. Consulting an attorney experienced in elder law may help make the process smoother and more efficient.

Can You Get Guardianship for a Parent with Dementia?

Yes, you can obtain guardianship of a parent with dementia. However, before applying for guardianship, you can explore other options, such as power of attorney or health care proxies, which might give you the authority to help without needing full guardianship. 

The power of attorney document allows your parent, as long as they’re still of sound mind, to name you as their agent and make decisions on their behalf. Alternative options can be more accessible and may better suit the parent’s needs depending on their level of dementia.

If guardianship is required, presenting a solid case in court is important. You’ll need to show that your parent cannot make decisions independently and that appointing a guardian is in their best interest. Medical evaluations are required in this process, so getting a formal assessment from a healthcare provider specializing in dementia can strengthen your case.

Courts may also consider alternatives, such as appointing a conservator or granting temporary guardianship, depending on the circumstances. Clear communication with other family members and legal professionals can make this process less overwhelming and more focused on your parents’ needs.

How to Apply for Guardianship

To apply for guardianship of a parent with dementia, follow these steps:

1. Consult an elder law lawyer to guide you through the process and help you understand local regulations.
2. Complete the form, “petition for guardian of incapacitated person” and provide a statement explaining and showing the need for guardianship. 
3. Notify your parents as well as other family members about your guardianship petition. All relevant parties can object to this guardianship.
4. After everyone’s approval, notarize the form and file it in the county probate court where your parent resides. After the petition is notarized and filed, all parties will receive notice of the guardianship hearing.
5.  To prepare for the hearing, prepare gathering the facts: that your parent will come to substantial harm due to their incapacity. You must also prove that no less restrictive alternatives to guardianship are available to best help your parent.
6. You should use witnesses like friends, family, and yourself, who have observed your parent to conclude that they can no longer support themselves. Present evidence of “functional limitations,” or their impaired ability to perform daily activities safely.
7. For cases involving dementia as an impairment, obtaining a formal assessment of your parent’s mental capacity can help. Consult a doctor and obtain a physician statement to support your claims.
8. You must then complete any court-mandated requirements. This may include additional evaluations or providing ongoing reports to the court.

Remember that even if your parent is unable to support their basic needs, this usually isn’t enough to pose a legal issue. You must still prove that this inability will eventually lead to substantial harm and that guardianship is, without doubt, necessary to intervene. 

Eligibility Requirements

Guardians must:

• Be at least 18 years old
• Have no criminal record, especially relating to financial or elder abuse
• Have demonstrated ability to manage the responsibilities of guardianship
• Provide a bond or insurance to protect the parent’s estate (in some cases)

Other Considerations for Guardianship in Londonderry

It’s important to consider the emotional and practical impact of guardianship. Caring for a parent with dementia can be emotionally taxing, and guardianship adds legal and financial responsibilities. Before proceeding, assess whether you’re prepared to take on these duties. It’s okay if another family member or professional might be better suited.

If you’re considering guardianship, you’ll also need to consider the long-term financial implications. Guardians are often responsible for managing an estate, paying bills, and making significant financial decisions on behalf of their parents. Setting up a clear plan for managing finances and involving a financial advisor may help ease this burden.

Another important factor is communication. Maintaining open, honest communication with other family members is key to ensuring everyone is aligned with your decisions. In some cases, disputes can arise, so it’s helpful to involve neutral parties like a mediator or legal advisor to resolve conflicts.

While it provides legal authority to make decisions, it’s important to remember that the parent still deserves respect and care. Always aim to involve your parent in decisions as much as possible, even if they’re no longer capable of fully managing their affairs.

Get Support from All American Assisted Living at Londonderry

If you’re navigating the complexities of caring for a parent with dementia, All American Assisted Living at Londonderry is here to help. 

Our team understands the challenges families face and offers support, including personalized care plans for residents with memory loss. Contact us today to learn more about how we can help your family during this time.