Recently AARP posted a question online many caregivers find themselves asking as they take on the responsibility of helping seniors face aging and disability issues. The question, “How do I get legal guardianship of my loved one?” is a common one as adult children of seniors enter the often new phase of parenting a parent.

The AARP’s Caregiving Question and Answer Tool, at http://www.aarp.org/home-family/caregiving/qa-tool, provides fast access to questions about caregiving. The answer to the guardianship question indicated that the process differs by jurisdiction, and advised seeking legal representation.

“Generally, you will need an attorney to prepare a petition to the appropriate court for guardianship, also known as conservatorship in some states. Notice of the proceeding must be given to the subject and family members. The court will hold a hearing, review the evidence and may appoint you as guardian. If appointed, you will have important, ongoing duties in making decisions according to the person’s values, managing finances very carefully and regularly reporting to the court.”

The AARP warned that guardianship can be an expensive court process removing important rights.

“It is a last resort. Determine what the person can and cannot do to see if a guardianship is necessary.”

They suggest a proper assessment of a loved one’s capacity by an experienced psychologist, geriatrician or social worker who can determine if the person is able to appoint you or someone else to help make financial decisions under a power of attorney and health care decisions under an advance directive, instead of seeking a guardianship from the court.

“Talk to an attorney familiar with aging and disability issues. If the person only has government benefits, you could be appointed as a representative payee to handle the money.”

According to the National Guardianship Association (NGA), there are different types of guardianship that vary from state to state, including:

Guardianship of the person in which the guardian is granted the authority to make decisions about medical care, residential placement, and release of confidential information.

Guardianship of the estate in which the guardian is granted the authority to manage and make decisions about financial matters, benefits, real estate and other property.

Limited guardianship means that the guardian has only the authority specifically given by court order. The individual keeps all other decision-making rights not specifically outlined by the court order.

Being family is not always required in guardianship, although the NGA states there is a statutory preference for family member as guardian. In all states, the selection of the guardian is in the court’s discretion.

“While most states do not have education or experience requirements to be appointed as guardians, some states provide some assistance such as videos, guardian manuals, or training sessions.”

Resources and a helping hand from Great Care’s staff can make a difference in understanding the guardianship process.

“This component of caregiving can be a confusing time for family members of an aging parent or loved one,” says Great Care Founder and CEO Julie Sullivan. “Our professionals at Great Care are always available to answer any questions and provide support and understanding to help the families we serve.”

The professionals at Great Care are available to talk with you and your family about all of your home care needs. Great Care is a non medical in-home care agency providing quality and affordable elder care in Fishers, IN and the surrounding areas. Call (317) 595-9933 for more information.