You may informally assist your aging parent or loved one in meeting their personal needs and handling their financial matters. But it may get to a point where you feel uncomfortable managing their money without official permission, or doctors will not listen to your decisions for their medical interventions without the legal paperwork to back it up, as just a couple of examples. This may drive you toward the serious step of petitioning for a transfer of decision-making authority from your elderly loved one to you, via a court-ordered guardianship. With that being said, please read on to discover whether a guardianship is deemed necessary for an elderly individual and how a seasoned Broward County guardianship lawyer at The Probate Lawyers can help you assess which style best fits your loved one’s health condition and personal situation.
What signs suggest that a guardianship is needed for an elderly individual?
To reiterate, guardianship is a serious request because this essentially means that your elderly loved one will be stripped of significant legal rights, including their right to make medical decisions or control finances for themself. So, you should only move forward with filing this petition with the Florida probate court if your loved one exhibits the following behavioral signs in their daily life:
- Your elderly loved one has gotten confused about their prescription medications and accidentally overdosed or missed important critical doses that compromise their health.
- Your elderly loved one has had multiple mishaps of falling in their home, forgetting to turn kitchen appliances off, feed themselves, bathe, use the restroom, etc.
- Your elderly loved one has had multiple instances of missing their mortgage payments, overdrawing their checking account, losing their wallet, etc.
- Your elderly loved one has been diagnosed with Alzheimer’s disease or dementia and will rapidly lose their ability to manage their essential life functions.
- Your elderly loved one has been made the victim of financial abuse in which they unknowingly gave away their money and personal prized possessions.
What are the different types of guardianship for an elderly individual?
Before the Florida probate court grants your guardianship appointment, they may require your elderly loved one to undergo a formal capacity assessment conducted by physicians, psychologists, and social workers. Now knowing the extent of your loved one’s memory, reasoning, judgment, and ability to perform essential tasks, the court may deem which type of guardianship is needed, if any at all. Below are the different forms:
- Guardianship of the person: an appointed guardian makes decisions for the elderly individual’s healthcare, living arrangements, nutrition, and daily care.
- Guardianship of the property: an appointed guardian makes decisions for the elderly individual’s real estate property, banking, investments, bills, etc.
- Full guardianship: an appointed guardian makes decisions for nearly all of the elderly individual’s personal and financial needs.
- Limited guardianship: an appointed guardian makes limited decisions for the elderly individual, tailored to the rights they cannot safely exercise.
There is no need to wait any longer to hire a competent Broward County estate lawyer if you are already ready to get on with your petition. Reach out to our law firm, The Probate Lawyers, at your earliest possible convenience.
