When and How to Seek Guardianship of An Elderly Parent

Communication and trust are important when considering guardianship of an elderly parent.

In a perfect world, our family relationships would all be positive and helpful. We would manage transitional times cooperatively, smoothly, and without any disagreement. As our parents grow older, it would be a seamless process to meet their current needs and their needs in the future.

The truth, however, is that being an adult child to aging parents can be tumultuous. It can be very difficult to identify when you should step in and assist and when to take a step back to avoid stepping on your parents’ toes or creating the perception that they can no longer be independent. And, there may be situations when your time and effort to help are met with opposition – even though you recognize that help is needed for their safety and protection.

So where do you start? A good first step is to make sure the older adult has selected both a power of attorney and medical power of attorney. The individual or individuals trusted with these roles will have the authority to make health and financial-related decisions on behalf of the senior if she or he were to become unable to do so. 

Nevertheless, even if you are the designated power of attorney/medical power of attorney for an older parent, you might want to consider going one step further and petitioning for guardianship of an elderly parent. This might be worth exploring if:

  • The senior’s home or other property needs to be sold
  • Medical intervention is necessary 
  • Dementia or other cognitive function limitations are affecting the person’s decision-making ability

Additionally, there is the possibility for limited guardianship of an elderly parent, in the event that the older adult is capable of retaining control in some areas of life, while other areas may be compromised.

How to File for Guardianship

  • First, schedule a consultation with his or her health care professional, who will need to determine whether guardianship is needed and complete a form testifying to the senior’s physical and mental functioning. 
  • Next, you may then file for guardianship at a probate court. The court will run a criminal background check, assess your monetary responsibilities, and explore whether there are any conflicts of interest. 
  • If approved, you are then legally obliged to inform both the senior and family members (as outlined in the estate code) of your intent to obtain guardianship.
  • Finally, the court will appoint an attorney to represent the older adult, and a determination will be made to identify what is in his/her best interest. 

At Independence-4-Seniors Home Care, we’re here to help ensure all the needs of your aging parents are met. Call us at (630) 323-4665  for more information about how home care services can assist loved ones to maintain their independence, schedule a free in-home consultation, and learn more about senior care in Lombard and the surrounding areas.