Should You Become Your Parent's Guardian?

 Posted on February 20, 2019 in Guardianship

Your parents may reach a point in their old age that they are no longer able to make decisions about the important matters in their lives. Ideally, you will prepare for this possibility with them by creating a power of attorney for healthcare and finances. If you do not have these documents, you can request adult guardianship for a parent. If granted, the guardianship will allow you to manage your parent’s finances and decide how to proceed with medical treatment and living arrangements. However, you must consider the potential consequences before applying for adult guardianship:

1. Will Your Parent Contest It?: It can be infuriating for an adult to cede the ability to make his or her own decisions. Your parent may have enough self-awareness to fight your attempts to take control of his or her life. Of course, this does not mean that your parent is mentally fit, but you may end up in a bitter court battle to obtain guardianship. Your parent may feel humiliated by the evidence that you present to prove that he or she needs a guardian. No matter the court’s decision, your relationship with your parent may be strained.
2. Will a Family Member Contest It?: Just because your parent needs a guardian does not mean that it will automatically be you. Your other parent will be the first option to make important decisions, as long as he or she is capable of doing so. If your other parent is also mentally unfit, you may need to contest his or her decision-making powers. Your siblings may vie for guardianship over your parents and contest your attempts to take control. Ideally, you can share the responsibility with your siblings, but they may be unreasonable and unwilling to give up any power.
3. Is Guardianship Necessary?: Becoming the legal guardian of your parent is a costly and time-consuming process. Before starting, you should question whether your parent needs a guardian in this situation. Being confused at times does not mean that he or she is incapable of making important decisions. By talking with your parent, you may get him or her to agree to take your advice on matters without requiring your legal authority.

Contact a Warrenville Family Law Attorney

Before applying for guardianship of your parent, you should check whether your parent already has documents related to the power of attorney. A DuPage County family law attorney at Calabrese Associates, P.C., can help you obtain guardianship if you need the legal authority to make decisions on your parent’s behalf. To schedule a free consultation, call 630-393-3111.

Source:

https://www.caring.com/caregivers/adult-guardianship/