Most adults pride themselves on living independently. They work hard to establish their careers and their own households. They may provide for their spouses and children throughout their working years. Eventually, they may become reliant on their close family members.
As people age, they may experience significant changes in their physical and cognitive capabilities. Frequently, vulnerable older adults primarily rely on their closest loved ones who support them via informal arrangements. However, sometimes these loved ones go to court asking for guardianship authority.
An adult guardianship provides a vulnerable individual with support. Guardianship empowers a competent, trustworthy person to manage the daily affairs and basic needs of an individual struggling to act in their own best interests. How do concerned family members or caregivers convince the courts that guardianship is necessary?
Evidence of decline is typically required
Generally speaking, the law protects an individual’s right to independence and self-determination. Those asking the courts to limit the autonomy and freedom of an adult out of concern for their safety generally need to prove that there are reasonable concerns about their ability to live independently.
Frequently, those pursuing adult guardianship rely on medical documentation to build their case in court. Records of an older adult’s recent dementia diagnosis, as well as cognitive test results, can help convince the courts that an older adult is not in a position to manage their finances and make appropriate medical decisions on their own behalf.
In some cases, testimony provided by family caregivers and neighbors can help convince the courts that an individual has begun to struggle with managing their own affairs. Financial records can also help show that a person has made choices that diminish their ability to live independently. The failure to make mortgage or rent payments or utility bills could put a person at risk of losing their place to live or being in an unsafe environment.
The courts need to agree with the assertion that an individual’s cognitive decline or medical challenges leave them in need of support. Discussing family concerns with an elder law attorney can be beneficial for those hoping to pursue an adult guardianship for the protection of an aging individual.