Why Guardianship May be Necessary for Elderly Parents or Children

by | Oct 19, 2022 | Blog | 0 comments

By definition, guardianship or conservatorship is a court-appointed, legal relationship of taking responsibility for caring for someone unable to manage their affairs. The position of guardianship can specifically be taken with minor children or elderly parents. This blog will discuss why guardianship may be necessary for elderly parents or children.

Why Guardianship May be Necessary for Elderly Parents:

Caring for aging parents can be both rewarding and challenging at the same time. Unfortunately, elderly parents may become unable to care for themselves in their daily activities as they age. Examples might include forgetting to take daily medications, decreasing personal hygiene or nutrition, and difficulty managing finances. The requirements to petition for guardianship differ by state, and the process is often complex and lengthy. A guardian has a duty of care to protect their elderly parent from the risk of harm, putting the interests of the elderly parent first. By nature, guardianship requires an elderly parent to lose some of their rights, such as deciding where to live. There are alternatives to guardianship based on the state of residence and the severity of the need.

Why Guardianship May be Necessary for Children:

Guardianship is a process in which an adult who is not the parent asks the court for custody of a child until that child reaches adulthood. A child’s parents may be deemed incapable of providing care or meeting basic needs for several reasons. Designating guardianship is often a critical step in a child’s well-being and is an attempt to guarantee the best outcome for all involved. Guardianship and family law situations vary from state to state.

There are several reasons why guardianship may be necessary for elderly parents or children, and it is often considered critical for the health and well-being of those involved. The process is complex, making it preferable to have a guardianship attorney be an advocate, especially in court. Contact the Law Offices of Reginald Keith Davis for your confidential consultation @ (913) 299-8789.