Guardianship: Are We Protecting Our Parents?

As our parents become older, there will be several issues that will begin to come into play. Many of those issues will be legal issues. Our parents will want to remain independent, and they will want to be able to take care of themselves. They want to do all of this without someone placing them under guardianship.

Sometimes the kind of independence older adults will want is not always possible, especially when they have serious illnesses that are debilitating. There will be healthcare decisions that will need to be made, as well as decisions related to the end of life. All of these issues and decisions will be complicated because many of us will be faced with taking care of our parents.

All of these things are enough to bring emotional, legal, and financial stress to everyone on both sides. A good thing is that there are plenty things parents and children can legally do so there will be no difficult hurdles to go through as the parents become older.

Talk To Your Parents

During times like these, you should really be proactive and speak with your parents. You want to find out what are the things they are most concerned about. You will also want to know what they want to happen with their assets and their healthcare needs. There are some assets that can be transferred. When you plan in advance, you may be able to pay for your parent’s expenses out of his/her personal assets.

The last resort will likely be guardianship. Many times, the main concern is mental stability and mental capacity. There will also be concerns about who will handle all of the parent’s affairs, assets, and other decisions. All of these issues are critical, and they need to be handled in the best way possible. The only person who can determine if a person is legally incapacitated is a probate judge.

It is important that families speak with an attorney about these issues. If everyone agrees to set up everything based on what the parent wants, then everyone can avoid negative situations. Contact us if you need assistance with making critical decisions concerning a parent.