Medical tests sometimes return devastating results. Older adults may find out that they are likely to develop dementia, as they are in the early stages of Alzheimer’s disease. They might have a progressive medical condition that could render them incapable of living independently in the future.
In such cases, families often worry about how to support the person who has just received that devastating diagnosis. Some families may consider pursuing guardianship. Guardianship allows another adult to assume responsibility for the daily life and major decisions of a vulnerable adult.
Is a diagnosis from a medical professional adequate justification for an adult guardianship?
Voluntary guardianship could be possible
Older adults faced with imminent medical decline may want to take control. Instead of waiting until the situation worsens, they may agree to initiate a voluntary guardianship.
They select someone they trust and agree to give up legal authority to that person before their testamentary capacity is gone. Those who recognize that they need support because of a diagnosis may work with their loved ones to initiate a guardianship.
In cases where an older adult does not agree that they require guardianship, medical records can help families convince the courts that intervention is necessary. A diagnosis alone may not be sufficient in every case. The severity of the condition and the prognosis for the specific patient are both important considerations.
Learning more about adult guardianships can potentially help families to provide the support a loved one needs after learning about a major medical issue. Those concerned about a loved one’s ability to live independently may need to assess their situation with the help of a legal professional, in order to make truly informed decisions as they move forward.