Becoming a guardian for one you love requires you to put aside tearing emotions and take a cold hard look at the situation. Worsening Alzheimer's is a clear-cut case. A slow decline of an aged parent is quite another.
At some point, your mother or father may not be taking care of her or himself in a reasonable fashion: not eating or sleeping, not taking care of their own finances, or, even worse, making apparently rational choices which may harm them physically or financially.
These legal documents, living wills, powers of attorney both durable and medical and wills, do not address this problem.
They may reveal your preferences as to who you consider reliable to do business on your behalf. If you see this happening, you are looking at a case where someone needs to take responsibility for making the decisions, not just carrying them out.
A legal guardian assumes that responsibility. This person, maybe you, must take the relationship similar to , but not the same as, a parent to a child. Financial, medical and living conditions become the problem of the guardian, not the patient.
Guardianship of a parent or sibling can be a lonely task. Not only do you have the tangible tasks, you must also deal with the emotional load of dealing with the decline of someone you love and, perhaps, their unwilling or discontented participation in the relationship. Good legal advice and a guardian support system of family, friends, volunteers and other support organizations, like a hospice, will help you do what you need to do.
Guardians are appointed by the court and have certain legal responsibilities, varying from state to state, to the court. Annual reports on well-being and finances may be required. This is obviously a need for a good lawyer, possibly an Elder Care Attorney, if that is the case. The rights of each individual are considered and those rights, individually, are assigned to the guardian's care.
Establishing the need for a guardian will require examination of a medical professional and petition to the courts. Cost of the process may be in the thousands of dollars. If at all possible, guardianship should be avoided. But, seeking protection of someone you truly care for may not make this optional.
If it's you, thinking ahead, you may wonder if you'd have any say-so over the selection of a guardian. When you're putting together a portfolio of these documents: Will, Living Will, Medical Power of Attorney and Durable Power of Attorney, it is another good question for your attorney. Each state governs its own. Reliable legal advice is your best defense.
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