The number one concern family members have is wanting to ensure that their dementia-stricken loved one doesn’t come to resent them for taking out guardianship. It’s a difficult question to answer because there are bound to be hurt feelings, especially in patients who are older and have lived long, accomplished lives full of independence. Most people in this situation want to hold onto their autonomy for as long as possible. It can be extremely difficult to ask a person with dementia to give up their autonomy, especially if they have been fighting to keep it for a long time. They are often fully aware of what is happening to their mind and the gravity of the situation. The last thing they may feel they can control in their life is whether they want to stay in their own home or eat a peanut butter sandwich.
As our loved ones age and lose their ability to take care of themselves, it’s not unusual for them to resist our efforts to help them. This can be emotionally difficult for everyone involved and, in some cases, may even appear harmful to the family. But it’s important to remember that this is often just a result of the aging process and the inability to understand what’s going on. With patience and understanding, we can help our loved ones through this difficult time.
Guardianship is typically only sought after when something bad has happened, as opposed to being proactive in protecting a family member. It can be a very thin line that the court falls on, but when presented with evidence of significant issues, the court will usually err on the side of caution.
When considering guardianship, it is important for attorneys to understand the motives of the petitioner and evaluate why they are seeking guardianship. Guardianship can be a complicated process, so it is crucial to make sure that everyone involved understands the reasons for seeking guardianship and what they hope to gain from it. That’s why hiring and working with an attorney who specializes in guardianship is the best thing you can count on in this process.
I think it’s important to realize that there are some people who will help you with guardianship, even if they don’t agree with your motives. However, as legal professionals, it is our duty to turn away those who clearly have negative intentions or are only seeking guardianship in order to subvert or manipulate a will.
The final challenge for a guardian is to keep up with the paperwork and meet the expectations of the court. This book will provide resources and help others understand what needs to be done before and after an appointment.
The Alternatives To Guardianship That Should Be Explored First
When it comes to making decisions about your future, you should explore all of your options before choosing guardianship.
If you still have your cognitive abilities and can trust a loved one to carry out your wishes, a power of attorney or health care power of attorney may be a better option for you. These documents can give you peace of mind knowing that your wishes will be carried out according to your specifications.
You even have the ability to pick who you want as your guardian in the event that one becomes necessary. You can also choose for them to serve without a bond.
The Department of Health & Human Services can petition for guardianship over someone who needs assistance. This type of order is called an Adult Protective Services order, and it can be issued by a district court judge in the person’s local community.
An Adult Protective Services order allows adult protective services to help arrange for things like medical care and follow-up appointments, as well as housing assistance. This limited form of guardianship does not mean that the person cannot make their own decisions, but rather that adult protective services can intercede and make decisions in the best interest of the person’s safety.
Our office can help you understand your unique situation and figure out if you need full guardianship. If it’s just that you need some help and services, they can also provide that for you. They want to make sure you fully comprehend what’s going on and get the assistance you require.
For more information on Guardianships Law in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (980) 324-3099 today.