Many older adults in Delaware experience significant declines as they age, so they can’t take care of themselves or make decisions for themselves. When this happens, you may want to secure an adult conservatorship or guardianship over your loved one.
What is conservatorship or guardianship?
Conservatorships or adult guardianships are essentially the same things. If your parent can’t make critical decisions on their own, a judge appoints a conservator or guardian to make those decisions. The conservator can make decisions on personal finances, medical care, and more. The person appointed to this position should have intimate knowledge of the person’s medical care and similar aspects. In some cases, the conservator will also serve as the executor of the named individual’s estate.
What are the pros and cons of guardianship?
As with any legal issue, you can expect advantages and disadvantages. Here are the pros:
• Someone with full mental faculties makes decisions.
• The guardian has the legal authority to deal with third parties.
• They can prevent elder abuse.
• A judge can approve major decisions.
However, there are some potential drawbacks. The cons of conservatorship include the following:
• It may be costly and time-consuming to establish.
• It can become emotionally difficult.
• The senor may resist the entire process and feel hurt.
When is guardianship the right decision?
This legal process is not appropriate for all families. Two things must happen before you can petition for guardianship: The adult in question must not have the mental faculties to take care of themselves properly, and there must be no other estate planning procedures in place.
You should also examine other routes to care for your parent that may be appropriate alternatives to establishing an adult guardianship. Remember, it’s all about the safety of your loved one. Make sure you understand the entire process so that you can act in the most appropriate manner.