As our parents age, it’s not uncommon for them to experience physical and cognitive decline, making it difficult to manage their affairs independently.
In some cases, adult children may need to obtain guardianship over their elderly parents to ensure their safety and well-being. However, navigating the legal process of obtaining guardianship can be complex and overwhelming. That’s where Libertyville elder law attorneys come in.
How Can I Obtain Guardianship Over My Elder Parent?
Obtaining guardianship over an elderly parent is a legal process that requires a petition to be filed with the court. The method may vary depending on the state and the case’s specific circumstances. The following steps are involved in the question How Can I Obtain Guardianship Over My Elder Parent?
File a petition: The first step is to file a petition with the court requesting guardianship. The petition must include evidence of the parent’s incapacity and why guardianship is necessary.
Notification: The court will notify the parent and other interested parties, such as siblings or close family members, of the petition. The parent has the right to contest the petition and present evidence of their capacity.
Evaluation: The court may order an evaluation to assess the parent’s capacity and determine the need for guardianship.
Hearing: If the evaluation supports the need for guardianship, the court will hold a hearing to consider the petition and any objections. The court will then decide on whether to grant guardianship and who should serve as the guardian.
Navigating the guardianship process can be complex and emotionally challenging. An experienced elder law attorney can help guide adult children through the process and ensure that their parent’s best interests are protected. In addition, an attorney can provide valuable advice on other elder law matters, such as estate and long-term care planning.
At Orlowsky & Wilson, Ltd. Libertyville elder law, the attorneys have extensive experience to help understand how can I obtain guardianship over my elder parent.
