Estate Planning And Elder Law Services In Orlando And Beyond

Does elderly loved one need a guardianship?

On Behalf of | Aug 3, 2023 | Guardianships |

As your loved ones age, their well-being should become a top priority. Due to medical conditions or cognitive impairments, they may reach a point where they cannot make important decisions on their own.

In such situations, guardianship can be established to help ensure their safety and protect their rights. Keep scrolling to understand the concept of guardianship and how to navigate this process.

What is guardianship?

Guardianship is a legal arrangement that grants a responsible individual, known as the guardian, legal responsibility to make decisions on behalf of someone else, referred to as the ward. The ward is typically someone unable to make decisions due to age, mental or physical incapacity or other circumstances that render them incapable of managing their affairs.

There are different types of guardianship, and the specific type required depends on the needs of the person in question. Guardianship grants the guardian the authority to make personal decisions for the ward involving things such as:

  • Medical care
  • Living arrangements
  • Overall well-being

Guardianship of the estate makes the guardian responsible for the financial affairs and assets of the ward. It helps ensure that their financial interests are protected and managed appropriately.

Assessing the need for guardianship

Before proceeding with the guardianship process, assessing whether it is necessary is essential. This evaluation should be thorough and consider the loved one’s mental and physical capabilities.

For starters, determine if the individual can understand the consequences of their decisions and communicate their preferences. You should also assess the individual’s ability to perform daily activities and care for their needs.

Establishing guardianship for an elderly loved one is a significant responsibility that requires careful consideration. By understanding the types of guardianship and assessing the need for it, you can help ensure their well-being and protection without violating their rights. Having legal guidance can help.