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What Is Guardianship for Adults?
Date Updated: July 26, 2024
Written by:
Leigh Morgan has more than 15 years of experience writing about senior care. She’s the author of “Financial Safety for Seniors: 77 Tips for Preventing Elder Financial Abuse” and has written hundreds of articles about Medicare, Medicaid, assisted living communities, nursing homes and memory care. Morgan developed an interest in senior care while recruiting home health nurses, certified nursing assistants and patient care technicians for a large health care system.
Reviewed by:
Carina has over a decade of experience as a lawyer and legal advisor. She has assisted clients with family and elder law matters, including estate planning, wills, medical care planning and division of retirement assets in divorce. Her expertise extends to litigation, nursing home abuse and Medicare laws. Carina holds a law degree from the University of Colorado and has completed additional courses in estate planning, family and healthcare law.
Why would a senior need a legal guardian?
Adults who cannot make their own decisions may require guardianship. Some people need help making financial decisions, while others are too incapacitated to make decisions related to their health or personal well-being. Incapacitation often occurs due to dementia, severe mental illness, intellectual disabilities, substance use disorders or head injuries. The subject of a guardianship is a protected person or ward.
What is the difference between a guardian and a caregiver?
What do I have to do to become a guardian for an older adult?
If you believe your loved one is incapable of making their own decisions, you must file a guardianship petition. The judge assigned to your case will review medical reports and other types of evidence to determine if the guardianship is warranted. If the judge agrees with your position, they’ll issue an order outlining the decisions you’re allowed to make on your loved one’s behalf.