Where You Live Matters
American Seniors Housing Association
February 26th, 2025
Learn how legal guardianship can help protect aging loved ones who can no longer manage their own care, finances, or daily needs independently.
Watching a parent age can be an emotional journey – this is especially true if their health deteriorates and their ability to make sound decisions declines. Whether it’s due to Alzheimer’s, a stroke, or another serious health condition, there may come a time when they can no longer manage their finances, healthcare, or daily needs independently. If that happens, an intervention is often necessary to protect their well-being.
Elder Attorney Cathy Sikorski says the most important step you can take for yourself and your loved one is to name a Power of Attorney (POA) —before a crisis arrives. “However, if a POA isn’t named, the last resort or emergency step would be a Guardianship process… which involves the court, medical experts, expense and loss of precious time.”
Legal guardianship is a court-appointed role that grants a person the authority to make decisions on behalf of a loved one if they become unable to do so.
“While having a POA in place is the best solution, it’s important to understand legal guardianship and to know how to obtain guardianship of an adult should it become necessary,” says Cathy. “Guardianship can provide a pathway to clarity and peace of mind in times of crisis, ensuring your loved one receives the care and protection they need.”
Given its significant legal implications, guardianship of an elderly parent is regarded as a last resort when less restrictive alternatives, such as power of attorney, are unavailable or ineffective. Guardianship is usually pursued when a parent or loved one becomes unable to care for themselves due to cognitive decline or severe health issues.
Legal guardianship grants a guardian authority to make critical medical, financial and daily care decisions to ensure their best interests and well-being. Guardianship also helps protect against financial exploitation, manage healthcare and treatment and arrange appropriate living situations.
