Ronald Fatoullah & Associates - Elder Law

Guardianships over adult parents might be necessary as they age

As adults age, they might begin to show signs of dementia and other age-related conditions. When the mind begins to slip and they can't understand how decisions impact them or relay decisions they make, it might be time to establish a guardianship for senior care. This isn't an easy thing to think about if you are dealing with your parent's decline, but it is a way that you can truly help them to be able to enjoy as much peace as possible in their final days.

This includes all aspects of financial management, medical care and estate planning. Ideally, you will be able to get a plan in place before your loved one is unable to make decisions on their own. It can be a battle if this doesn't happen. The court will go through a process to determine how the situation should be handled and who can serve as the guardian.

Once you are named guardian over your elderly parent, you will be able to make decisions about various aspects of their affairs, depending on what type of guardianship is ordered. New York recognizes four types of guardianships for an adult.

  • Guardian of property
  • Guardian of person
  • Guardian of person and property
  • Guardian ad litem

Each of these has specific requirements and decisions that you are responsible to make, so ensure that you are prepared to make these decisions. You have to try to think of what they would want you to do so that you are able to keep up with their wishes even when they can't voice those.

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