Becoming a Guardian for an Elderly Family Member

Becoming a Guardian for an Elderly Family Member

By Scott Humphrey

One of the most important things I have done as an adult has been to be a caring son to my parents in their old age.  Although I am not their legally recognized guardian, and they are still able to do many things for themselves, I can see the future need for extensive care.  I began with the intent to research what is involved with the end of life process, and what it will take to give my parents everything they will need to be comfortable and well cared for.

Many families are in the stage where more full on care and guardianship is necessary to care for an elderly family member.  The issue of becoming their legal guardian is handled in probate court, and there are certain requirements that need to be fulfilled in order to proceed as the designated caretaker of your loved ones.

These situations call for insurance measures to be in place in the case of abuse of assets or fraud.  A guardian surety bond will most likely be required by law in order to be appointed the legal guardian of your family member.  Guardian bonds are there to protect the ward’s assets no matter who the caretaker might be.  It is not assumed that because I am my parent’s son I will act in good faith.  Insurance is there for the “what if”, and they exist in all aspects of life.

Of course we will do everything we can to ensure things are done with our ward’s best interests at heart, yet it is also a legal requirement that is expressly stated in the probate proceedings.  The flip side to that is the ability to deny them their wishes.  In my opinion this is in place to guard against their wishes that could end up doing them harm.

In all cases the court will hear both sides, and take the ward’s wishes into consideration, but that does not mean that they will favor it.  This may sound crazy, because it may be a family member that is deeply loved, but all kinds of scenarios can arise where it becomes a legal issue to decide.

In the case of an elderly parent or family member who’s health and/or mental state is in decline, they may not be thinking in their own best interest; it would imperative to deny those requests.The roles begin to reverse, and you become the one who has to monitor and advise what they can and cannot do.I find myself reminding them to do things all the time – “Are you following your diet?” and so on.

The funniest part of that is they say things just to appease me and get me to stop asking; just like I did when I was a kid.  So caring for them as they did for you becomes part of the cycle. Thankfully they are still active, although they are ailing, and now I am prepared to take care of all of their needs when that time comes.

BIO: Scott is a freelance writer for many different blogs, websites, and online magazines on a variety of topics, including family planning.  When he is not writing for JW Surety Bonds, he is hiking the mountains of upstate New York.

 

 

 

Becoming a Guardian for an Elderly Family Member