Guardianship is a legal arrangement where one adult provides practical support for another. A guardian serves many of the same functions as a parent. They ensure that a vulnerable person has all of their needs met. They may provide shelter and food. They make decisions about health care and living arrangements. The guardian may even manage the assets of the ward subject to the guardianship.
Many older adults do not want to give up their independence but may struggle to live on their own. Family members may eventually need to petition the courts to pursue an involuntary guardianship when older adults do not acknowledge their own limitations. Certain medical conditions may make it quite clear that guardianship may be necessary now or in the near future.
What types of health challenges leave people incapable of living independently?
Dementia
To many people, dementia later in life is synonymous with Alzheimer’s disease. Alzheimer’s disease is a progressive condition where people’s ability to understand the world around them declines over time, sometimes quite rapidly. There are other types of dementia as well, which can be equally debilitating. Individuals diagnosed with dementia or conditions that produce dementia may be incapable of managing their own affairs.
Traumatic brain injuries
People of any age can injure their brains through a variety of different mechanisms. Interpersonal violence, car crashes, same-level falls and even oxygen deprivation can cause significant damage to the brain. Traumatic brain injuries (TBIs) may produce a variety of challenging symptoms. People may have issues with memory or cognition. They may develop motor function challenges or may experience a drastic change in personality. People with TBIs are sometimes incapable of managing their own affairs and may require the support of a guardian.
Significant mental health conditions
There are a variety of different mental health challenges that leave people incapable of living independently. Some people with severe post-traumatic stress disorder (PTSD) cannot work a job and may make self-destructive or impulsive decisions with their money. Other people may have lifelong conditions that affect their ability to understand the world around them and act in their own best interests. Particularly in scenarios where people have required involuntary hospitalization and cannot work because of their mental health issues, they may need a guardian to ensure that their needs are met and their resources receive proper management.
Going to court to pursue an adult guardianship can help protect people when they are at their most vulnerable. Concerned family members may need guidance and support as they try to take legal responsibility for the life and well-being of a vulnerable person, and that’s okay.