How To Obtain Guardianship Of The Elderly
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Guardianship of an elderly person is a legal process and an approval has to be obtained from court. When an elderly person is unable to make decisions on their own or take care of themselves, guardianship for that person can be obtained. This typically happens when a very old person has had an accident, or is suffering from Alzheimer’s or dementia. In these cases, their mental condition is completely hampered.
There are two kinds of guardianship that a court can grant. One is to take care of their health and making decisions about their living arrangements. Another is to take care of their estate and making financial decisions for them.
To obtain guardianship, you have to gather the information required. Medical records indicating their condition and paperwork relating to it should be presented. You also have to list out the reasons why you think the person needs guardianship. You need to consult healthcare professionals and seek advice about whether the elderly can manage on their own. In the court you have to prove that the person is no longer capable of handling everyday chores.
You have to decide which type of guardianship you would like to obtain. Guardianship of the estate would involve making all financial decisions for the elderly. In order to efficiently handle the situation, you should file for complete guardianship. The power to make decisions on their healthcare and living conditions can also be obtained in complete guardianship.
Enquire in the local state court about the laws pertaining to guardianship. Take the petition papers and find out about the fees. There may be several forms that are required by the court. Also, before filling the form and submitting them, consult an attorney and cross check if the paperwork is complete. Incomplete paperwork would waste your time.
You can file the petition papers yourself or take the help of an attorney. You also have to retain a copy of the papers for further reference. The court will set up a date for hearing. The court may depend on other doctors like psychiatrists and geriatricians for advice on the guardianship. It is possible that your petition may be rejected. Guardianship entails a lot of responsibilities. If there is a considerable estate, the court will take a longer time to review the case. The responsibility is entrusted only if you are deemed fit from all angles. Only adults who are above 18 years of age are allowed to file for guardianship.
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