Living Transitions

Petition for guardianship

The reason to create a Proactive Aging Plan is so you can age safely in the best possible situation. This can also save you and your family a tremendous amount of money and heartache. Avoiding the need for guardianship is one by-product of good planning.

What is Guardianship?

• Guardianship occurs when the court appoints someone to be responsible for your care.
• There are different levels of guardianship, but basically, if it is proven you can’t handle your affairs, you legally become a child again and someone handles your affairs for you.
• Guardianship proceedings start once a family member or other concerned person petitions the court about your ability to care for yourself.
• Guardianship is costly - it involves courts, judges, and lawyers. Your affairs may be monitored by the courts which can add to the costs.
• You may not get the guardian you want watching over you – the judge decides who your guardian will be.
• Frequently families fight over guardianship which exacerbates the problem and adds to the costs.

How do you avoid guardianship?

• Keep a power of attorney document up to date naming the person who will manage your affairs when you are no longer capable.
• Make certain your family members understand that you have pre-arranged person who will take care of your affairs so there is no ambiguity once the time comes.
• The need for guardianship occurs most often because a person refuses to admit they can no longer care for themselves. Decide in advance when you will begin to transfer responsibility for taking care of your home and finances.
• Have conversations early and often with your future caretakers so everyone knows that you are doing okay and all parties recognize when you need help.