When Aging Person Need their Children’s Care: Guardianships

When Aging Person Need their Children’s Care: Guardianships- When adults visit with their aging parents only every now and then, they are often surprised to learn their parents are struggling. A lot can happen in six months, as described in a recent article from Get The Coast, “What families need to know about Guardianship: Local Attorney Whitney Smith explains the process.”

Vulnerable family members may have fallen prey to financial scams, begun suffering from cognitive decline, or made bad decisions, putting themselves at risk. If estate planning has been completed and the parents and children have put certain legal and financial guardrails in place, including a Power of Attorney and a Healthcare Power of Attorney, the family may be able to take steps to protect their loved one. However, in some instances, a guardianship is necessary.

A guardianship is a court process removing certain rights from an individual when it can be demonstrated that they are no longer capable of making safe decisions on their own. It’s a big step, but it becomes necessary more often than people realize. It should be a last resort, when even having a POA is not enough.

For instance, if a family member has been scammed and sent money to a cryptocurrency scam, the family can’t use the Power of Attorney to prevent further losses. The POA does not stop the person from doing things against their own free will, no matter how detrimental. However, guardianship will.

When a guardianship petition is filed, the court begins a thorough evaluation process. The number of independent medical professionals varies by state. However, medical professionals are part of the process, conducting evaluations of the person, administering cognitive tests and providing reports to the court.

The court may appoint an attorney to represent the individual, ensuring that they have a voice during proceedings. They are entitled to express their opinions, including whether they agree with the need for guardianship.

Timelines for the process depend upon the circumstances. There are emergency guardianships, which are required when someone poses a clear danger to themselves or others. In non-emergency situations, it can take six to eight weeks to complete, depending on the court.

Family members are often guardians, with spouses being the first choice, followed by children. However, siblings who disagree about care can create more problems than are solved. Professional guardians are often favored by courts. However, there are many instances in which they have not been suitable.

Another solution is to divide guardianship duties, with an adult child with medical experience serving as the guardian of the person and a sibling with financial services experience serving as the guardian of property.

Recognizing when a loved one needs help is the first challenge families face. Financial exploitation by caregivers, unexplained changes to bank accounts, or being isolated from loved ones are red flags.

The best way to avoid guardianship proceedings is to have an estate plan prepared by an experienced estate planning attorney, so that loved ones can act on the elderly person’s behalf. Once someone is incapacitated, they can no longer sign documents assigning representatives for POAs, and guardianship is the only option.

Schedule your phone consultation: THE LAW OFFICES OF CLAUDE S. SMITH, III

When Aging Person Need their Children’s Care: Guardianships

Reference: Get the Coast (March 5, 2026) “What families need to know about Guardianship: Local Attorney Whitney Smith explains the process”