How can I tell if my elderly parent needs a guardian?

How can I tell if my elderly parent needs a guardian?

On Behalf of | Oct 3, 2024 | ELDER LAW - Estate Planning

Watching your parents age can be an emotionally taxing experience, especially when you start noticing changes in their behavior or abilities. These shifts might signal a need for additional support, sometimes even legal guardianship.

In New Jersey, guardianship allows someone to make decisions for a person who cannot make sound choices independently. Recognizing when your elderly parent might need a guardian is crucial for their well-being and safety.

Signs your parent might need a guardian

Certain behaviors and issues can indicate that your parent might benefit from guardianship. Watch for these potential signs:

  • Memory issues: Your parent often forgets important information or gets confused about familiar people and places
  • Poor decision-making: They struggle with choices about finances, healthcare, or daily activities
  • Physical decline: You notice problems with self-care tasks or medication management  
  • Money troubles: Unpaid bills, odd spending habits, or vulnerability to scams become apparent
  • Safety concerns: They leave appliances on, wander from home, or neglect personal hygiene

If you spot several of these signs, it might be time to think about guardianship or other legal options to keep your parent safe.

Tackling the guardianship process

Understanding the legal steps involved can help you prepare for what’s ahead. Here’s a quick overview of what to expect:

  • File a guardianship complaint with the court
  • The court assigns an attorney to represent your parent
  • A doctor evaluates your parent’s mental capacity
  • A hearing determines if guardianship is necessary
  • If approved, the court appoints a guardian

Before jumping into guardianship, perhaps consider options such as power of attorney or supported decision-making. These alternatives might provide the help your parent needs while preserving some of their independence.

Spotting signs that your parent might need a guardian is vital in ensuring their care and safety. If you’re worried about your parent’s well-being, talking to an elder law attorney can guide you through your options and the legal process.