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Home » General » Does My Mother Need a Guardian?

Does My Mother Need a Guardian?

April 27, 2014General

Making the decision that a parent needs a guardian can be very difficult.  Typically, this question arises when a parent has begun to show signs of mental impairment.  For instance, your mother may be forgetting to take her medication more frequently. Or she may forget she has food cooking on the stove.  If she has begun to get lost or disoriented when she is away from home, or has become a danger to herself or others, it is probably time to consider a guardianship.

What do I do?

The preferred solution, of course, is to take care of your mother’s needs informally.  You may be successful doing this with the help of family and friends.  But, sometimes, formal control of her affairs will be needed in order to gain access to her finances or to be able to make health care decisions.  Guardianship is one method of acquiring that control.  However, it is not the easiest or lease expensive solution.  It is a good idea to consult with an estate planning attorney in California before you make a final decision.

What type of guardianship does she need?

A guardian is someone appointed by a court and given the authority to manage and control the affairs of someone who is incapacitated.  Guardians can be given different degrees of control.  He or she can be appointed to manage either personal affairs, including health care; finances and the person’s estate; or both.

A Limited Guardianship may be all that is necessary if your mother is disabled and can still make some, but not all, decisions for herself.  On the other hand, a general guardianship may be required so that the guardian can make all important decisions regarding the individual’s personal care and finances. Temporary Guardianships can also be created in emergency situations just to assure that the person who needs the guardianship receives immediate protection.

A Power of Attorney could be a better choice.

Appointment of a guardian is necessary for some.  But less restrictive options may be sufficient for others.  A durable power of attorney is an example of a less restrictive option.  A durable power of attorney provides the person chosen to be the agent, the authority to handle healthcare and personal decisions, just as a guardian would.  The document can easily be drafted by an estate planning attorney and the process is much less expensive than a court-supervised guardianship.  More importantly, the principal has the opportunity to choose the agent.  Whereas, the court chooses and appoints the guardian.

It is best for a durable power of attorney to be executed well in advance of any signs of diminished capacity.  So, if your mother seems to be slipping a little and a power of attorney have not already been created, consult a California estate planning attorney as soon as possible.  Your mother may still be able to sign the legal document if she still has sufficient cognitive capacity.  Otherwise, guardianship may be the only course of action available for her.

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Scott Schomer, Estate Planning Attorney
Scott Schomer, Estate Planning Attorney
A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Scott has served as a member of the Los Angeles Superior Court Probate Volunteer Panel (PVP Attorney), Probate Settlement Panel and a Judge Pro Tempore. Scott's expertise has been recognized by his peers with such accolades as a life-time membership in the Multi-Million Dollar Advocates Forum, the Five Star Wealth Manager designation, and repeated nominations as California Super Lawyer.
Scott Schomer, Estate Planning Attorney
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