Adult guardianship is often discussed in relation to a parent seeking guardianship and conservatorship for their adult child with special needs. However, another common scenario is an aging parent with declining mental faculties.

If your parent has Alzheimer’s or dementia, there may come a time when they can no longer make decisions for themselves or legally sign power of attorney documents due to incapacitation. If this turn of events has come to pass, you’ll want to consider becoming your parent’s legal guardian.

Signs you should be your parent’s legal guardian

If your elderly parent with Alzheimer’s is living alone and refuses assistance, then it may be time to step in and become their legal guardian. Here are some signs to look for if you’re considering becoming your parent’s legal guardian.

1. They’re struggling to make their own decisions.

You may find that Alzheimer’s and dementia have hindered your parent’s ability to make decisions. If they have difficulty making choices about their well-being, living arrangements, or finances, or they cannot remember the decisions they did make, you may need to step in.

2. They’re being financially exploited.

If someone is financially taking advantage of your parent, such as a relative, neighbor, or nurse, you may need to step in. It may not even be someone they know; your parent could easily be scammed online through emails or social media. Monitor their activity and finances to ensure they aren’t giving their money to bad characters.

3. Their well-being is in jeopardy.

Your parent may refuse to move to an assisted living facility and fight you to live alone in a house they cannot properly maintain. This may lead them to endangering themselves by leaving the stove on, walking around at night, or falling and having no one to help them. If your parent has been going through these or similar situations, it is likely not safe for them to live alone. You may need to step in and make some difficult choices to keep them safe.

How to gain guardianship if your parent has Alzheimer’s

If your parent is unable to make decisions for themselves due to a neurodegenerative condition, you’ll need to petition the Court to appoint you as their legal guardian. This will transfer some of your parent’s legal rights to you and make you legally responsible for doing what is best for them.

To obtain legal guardianship, the Court will need proof of your parent’s incapacitation. Start by documenting everything your parent does that makes you believe that they are unable to make the best decisions for themselves. Be sure to detail the time and frequency of these events, and include a physician’s input for a judge’s review.

If the Court agrees that your parent does need a legal guardian, a judge will then determine if you are the best person to serve in this role. Your parent also has the right to object to this entire process and can hire their own lawyer to prove that they can take care of themselves. Ultimately, it is up to the Court to decide what is in your parent’s best interest as they age and their mental condition declines.

If you are looking to become your parent’s legal guardian and need help with your DIY legal case, contact My Legal Case Coach. We offer an adult guardianship case form packet to help you navigate your specific situation. Schedule your free 15 minute consultation to discuss your circumstances.