Understandably, it may be rather difficult for you to witness a parent or another loved adult, who once took care of you, unable to take care of themselves anymore. In return for all they have done for you in your life, you may want to step in and help them in any way they require. To officially have the power to work on their behalf, you may petition for a guardianship appointment. With that being said, please continue reading to learn the common situations in which a guardianship would be deemed necessary and how an experienced Butler County guardianship attorney at Heritage Elder Law & Estate Planning, LLC, can help you express this need to the Pennsylvania Orphans’ Court.

What are the key indicators that a guardianship is necessary?

First of all, by its legal definition, guardianship is when an appointed individual makes personal and/or financial decisions on behalf of an elderly person who is unable to make them independently. And so, put in its simplest way, this appointment is necessary when an elderly individual is deemed mentally incapacitated by a health condition (i.e., Alzheimer’s disease) or incident (i.e., a car accident that resulted in a traumatic brain injury). Without further ado, below are specific indicators and circumstances in which a guardianship would logically be considered necessary:

  • An elderly individual is deemed mentally incapacitated by a health condition (i.e., Alzheimer’s disease or dementia).
  • An elderly individual is deemed mentally incapacitated by an incident (i.e., a car accident that resulted in a traumatic brain injury).
  • An elderly individual has a severe, long-term illness or injury that prevents them from executing daily routines (i.e., hygienic routines, buying and preparing food, etc).
  • An elderly individual has a severe mental illness that hinders them from understanding when they are being abused (i.e., risk of financial exploitation, neglect, or harm).

What happens if there are disagreements over the need for guardianship?

Of course, it may have taken you some time to come to terms with your parent’s or loved one’s declining health. Well, some of your family members may still be in denial. This may prompt them to file an objection to your elder guardianship petition and attend a court hearing where they will present evidence arguing that guardianship is not in the elderly individual’s best interest. During this hearing, you may request the court to order an independent medical evaluation. If this goes through, a qualified physician may evaluate the elderly individual’s mental condition and report whether they hold the capacity to make their own personal and financial decisions.

From here, maybe the court determines that a full guardianship arrangement is too excessive for your loved one. Rather, the court may believe that they would benefit more from a limited guardianship, where they can still make their own decisions in certain areas of their life. Or, the court may hold that they still have the mental capability to pursue alternative plans, such as creating powers of attorney documents or a Supported Decision-Making (SDM) arrangement.

There is no need to wait any longer to hire one of the skilled Butler County elder law attorneys if you are already ready to get on with your petition. Reach out to our law firm, Heritage Elder Law & Estate Planning, LLC, at your earliest possible convenience.