When an elderly adult is put into guardianship, one of the most important factors is incapacitation. This individual generally has to be declared incapacitated so that the court will establish guardianship and give someone else the ability to make decisions on their behalf. Not only would this not be necessary without that incapacitation, but it would be a violation of the person’s fundamental right to make their own decisions.
A guardianship is not about taking away their ability to make choices, however. The focus is on providing them help and assistance they need when they cannot do so on their own.
Mental decline
One reason for this could be mental decline, perhaps due to a condition like Alzheimer’s. Say that an elderly person is suffering from Alzheimer’s and another disease, such as cancer. But because of Alzheimer’s, they struggle to even remember that they are sick with cancer, so they don’t understand the type of medical care that they need, when to take medications or how to make decisions with their doctors.
In a situation like that, it is in the person’s best interest to be in guardianship so that the guardian can act as a bridge between them and healthcare professionals. The guardian can discuss their options, authorize treatments and work with the medical team. This way, the person gets the proper care that they need for the disease they’re battling, which they wouldn’t have received if they were left to make these decisions on their own.
As such, the heart of guardianship is providing assistance to someone who needs it. Those who are setting one up need to know exactly what legal steps to take.
