When an elder loses the ability to think clearly, it affects his or her ability to participate meaningfully in decision-making. When the person you are caring for is unable to make rational, clear-headed decisions about health care, finances, or other aspects of life, guardianship may be the next step (particularly if there is disagreement among family members about these issues).
Guardianship is an option when your elderly parent does not have a power of attorney or advanced directive in place.
In order to act as someone's legal guardian, you have to go to court to have the person declared incompetent based on expert findings.
In guardianship cases, also known as conservatorship, a court declares a person incompetent and appoints a guardian. The court transfers the responsibility for managing finances, living arrangements, and medical decisions to the guardian.
This procedure can take some time. If family members disagree about the need for guardianship or who should act as a guardian, this can be a painful, prolonged, and costly process that may leave everyone involved feeling angry, guilty, or both.