When is it Time to Appoint a Guardian for an Aging Parent? 

 Posted on August 11, 2022 in Guardianships

While the aging process is never easy for the person going through it, watching someone you love as they age can be just as difficult. This is especially true when a parent’s mental or physical health begins to decline rapidly but the parent is resisting the help they need. An elderly person’s situation may become dire before family members realize something is really wrong. In cases like this, even if your loved one has a solid estate plan and powers of attorney in place, you may need something more: legal guardianship. If you live in Illinois and any of the following situations apply to you and your parent, you may want to consider petitioning a court for guardianship. 

Your Parent Will Not Consent to a Power of Attorney

The term “power of attorney” refers to the legal authority for one person to act on behalf of someone else. If your parent is clearly in need of help–for example, if she can no longer pay her own bills–someone will need to step in with the authority to make financial transactions on her behalf. But if a parent will not consent to give that power, you may need to petition for guardianship instead. Whereas a power of attorney is assigned voluntarily by the person whom the power of attorney represents, a guardian is assigned by a court. 

Major Financial Decisions Need to Be Made

Sometimes having a power of attorney is not enough. Because the authority of someone with power of attorney is often limited in scope, major financial decisions may need help from a guardian. For example, if a parent’s property needs to be sold, a court may need to appoint a guardian to manage these complex financial transactions. 

Your Parent is Rejecting Essential Medical Care

One tragic but common behavior that often accompanies age-related intellectual decline is the refusal to seek necessary medical treatment or to enter a hospital. If your parent rejects antipsychotic medications, will not go to doctors’ appointments, or cannot consent to medical treatment because she does not understand the procedures, it may be time for a guardian’s help. 

Your Parent Wanders and Gets Lost

People with Alzheimer’s Disease or similar degenerative brain disorders often begin displaying odd behaviors that can become unsafe and even life-threatening. When this happens, it is often in the elderly person’s best interests to live in a full-time residential care facility. However, your parent may resist this, making it necessary to seek guardianship. 

Contact a Hillside, IL Guardianship Lawyer

While deciding whether to put a guardian in place is not easy, the process of actually doing so does not have to be difficult. With the help of the Oak Park guardianship attorney at theLaw Office of Vincent C. Machroli, P.C., you can create a plan that works for everyone. Call our offices today at 708-449-7404 to schedule your free, confidential consultation. 

Source: 

https://www.forbes.com/sites/christinefletcher/2018/09/13/5-ways-to-know-you-need-a-guardianship-for-mom-or-dad/?sh=3d9424c728d3