Guardianship of an Elderly Parent: Understanding the Process and Responsibilities

Author

Stephanie Thomas Kramer, Esquire

For more information about the author, click to view their website: Stephanie Thomas Kramer, Esquire

Posted on

Jan 14, 2025

Book/Edition

Pennsylvania - Greater Pittsburgh Area

Guardianship is a serious legal process that serves as a last resort for caring for an elderly parent who can no longer make sound decisions for themselves. It requires a court hearing and confirmation of incapacity by medical providers.

What is Guardianship?

Guardianship means an individual is appointed by the court to make medical decisions and manage daily care for an elderly parent. This typically occurs when an elderly parent:

  • Is diagnosed with cognitive impairments like dementia or Alzheimer's disease
  • Has suffered brain injuries
  • Experiences serious health conditions that impair decision-making abilities

Key Considerations in Guardianship

Emotional Challenges
Deciding to pursue guardianship often involves mixed emotions. Adult children may feel uncomfortable, especially if family members disagree about the necessity of guardianship.Legal Requirements
To establish guardianship, documentation must be submitted to the court that:

  • Substantiates the degree of cognitive impairment
  • Provides evidence of poor decision-making
  • Includes a medical assessment, potentially a neuropsychological evaluation

Types of Guardianship

Guardian Responsibilities

  • Make medical decisions
  • Manage daily care
  • Advocate for the elderly parent's best interests
  • Follow the principle of substituted judgment (making decisions the parent would make)

Conservatorship

In most situations, a conservator is also appointed to manage money and property. This can be the same person as the guardian or a separate individual.

Challenges of Guardianship

Advocacy and Medical Interactions
Guardians must:

  • Navigate complex healthcare systems
  • Communicate with medical professionals
  • Understand and research medical conditions
  • Make thorough, prudent decisions

Family Dynamics
Guardianship can create:

  • Potential conflicts between family members
  • Disagreements about care and spending
  • Emotional stress that may damage relationships

State-Specific Considerations

Guardianship laws and terminology vary by state. Some states have:

  • Different definitions of guardianship
  • Varying availability of professional guardians
  • Unique legal frameworks for elder care

Importance of Preparation

Recommended Steps

  • Have early discussions about care preferences
  • Document the elderly parent's wishes
  • Understand the full scope of guardianship responsibilities
  • Seek support and resources for caregivers


As the population ages and chronic diseases become more prevalent, understanding guardianship becomes increasingly important for families caring for elderly parents.

Other Articles You May Like

How Can We Maintain A Sense of Purpose as we Age

Maintaining a sense of purpose and engaging in meaningful activities can be important for seniors mental and physical well-being. Senior living communities, like Celebration Villa of Allison Park, a Priority Life Care Community, can provide a supportive environment that can help seniors maintain a sense of purpose with meaningful activities as they age.Here are some ways seniors can start or continue with their meaningful activities to help keep their sense of purpose as they age:PURSUE HOBBIES AND INTERESTSSeniors can continue to pursue hobbies and interests that they enjoy, such as painting, playing music, or gardening. Engaging in these activities can provide a sense of accomplishment and enjoyment. Priority Life Care communities offer a range of activities and programs, such as arts and crafts classes or gardening clubs, that can help seniors pursue their hobbies and interests. We get to know our seniors and build our programs around the interests of our residents.VOLUNTEERMany seniors find meaning in volunteering, whether its at a local charity or community organization. Volunteering can provide opportunities to give back to the community and connect with others who share similar values. Many Priority Life Care communities have partnerships with local charities and organizations, making it easier for our residents to get involved and volunteer. We find that some residents find it fulfilling to lead classes of their own or join a group that loves to give back to the community like creating floral arrangements for the dining room.LEARN NEW SKILLSLearning new skills can be a great way to stay engaged and mentally stimulated. Seniors can take classes, attend workshops, or even learn online to pick up new skills or knowledge. Priority Life Care communities all offer classes and workshops on a variety of topics, from computer skills to cooking. We find that these types of opportunities can help seniors learn new skills and stay mentally stimulated.Stay ActivePhysical activity is important for seniors health and well-being. Seniors can try activities like yoga, walking, or swimming to stay active and maintain mobility. All of our communities offer daily fitness classes, such as chair yoga or tai chi, that can help seniors stay active and maintain mobility. These classes are offered at all levels so anyone can join and feel the effects of maintaining their physical well-being.CONNECTION WITH OTHERSSocial connections are important for seniors mental health. Seniors can connect with friends and family members, join social clubs or groups, or even use technology to stay connected with others. Priority Life Care communities provide opportunities for social interaction, such as organized outings or social events, that can help residents connect with others and make new friends.TRAVELMany seniors enjoy traveling and experiencing new things. Whether its a day trip to a nearby town or a longer vacation, travel can provide new experiences and a sense of adventure. In addition to on-site events, Priority Life Care communities offer local day trips that allow seniors to explore new places and experience new things in safe and supportive environments. Residents can also choose to come and go with family and friends.Overall, senior living communities can provide a range of resources and support that can help seniors maintain a sense of purpose and continue with meaningful activities as they age. These are just a few examples, and seniors can find meaning and purpose in many different ways. Thats why we take the time with every resident to understand what they love to do now AND what they might like to learn in the future. With this information, were likely to pair them with like-minded individuals and people who share their interests.

Oral Health in Seniors

Seniors are prone to suffering from serious medical conditions related to poor dental hygiene. There is evidence that gum diseases, such as periodontitis, can be linked to heart disease and diabetes, as well as other systemic complications.Healthy teeth allow seniors to enjoy their food more without suffering from painful chewing and swallowing. Seniors suffering from untreated tooth decay or premature loss of teeth will find themselves opting for soft foods, as opposed to fresh fruits and veggies which can affect nutrition.HOW TO HELP SENIORS WITH THEIR ORAL CARESeniors tackle a series of roadblocks when it comes to receiving regular dental care, such as lack of transportation, memory loss, and physical and mental impairments that may prevent them from making their appointment.Some seniors require additional help when it comes to brushing and flossing, as well as regular visits to the dentist for cleanings. Certain medical conditions, such as painful arthritis in the hands, can affect a seniors ability to brush or floss. Left unaddressed, this can lead to ongoing oral issues.Whether your elderly loved one resides in an assisted living facility or at home, they may benefit from regular reminders to brush twice a day and to floss at least once. A soft-bristled toothbrush and fluoride toothpaste helps to keep their gums healthy. According to the American Dental Association, antiseptic mouthwash has been proven to reduce plaque and gum disease.If your senior wears full or partial dentures, they should be reminded to remove them at night. Not only can they be uncomfortable to sleep in, but they should also be cleaned regularly. Denture-induced stomatitis is linked to ill-fitting dentures, poor hygiene, and potential inflammation.RISK FACTORS RELATED TO POOR ORAL HYGIENEReceiving dental checkups every six months prevents an issue from getting out of hand and allows the dentist to check for any sores, ulcers, swelling, and signs of infection or oral cancer.Without proper and consistent checkups, seniors are at an increased risk of:Root Decay  Exposure of the root due to acids can cause the gum to begin to recede, leaving a sensitive, sometimes painful area.Oral Cancer  The median age for diagnosis with this disease is 62, further strengthening the case for frequent dental checkups.Tooth Decay  Over 90% of adults aged 65 and over have had at least one cavity, with 20% suffering from untreated tooth decay.Gum Disease  This can be caused by plaque buildup, tobacco products, or other chronic issues such as diabetes, affecting nearly 68% of the senior population.Tooth Loss  Often caused by untreated gum disease; nearly 1 in 5 seniors have lost all their teeth.Dry Mouth  Many medications have the side effect of reducing saliva production, which can increase a seniors risk of cavities.IMPROVING SENIOR DENTAL CAREPriority Life Care is committed to providing quality care for seniors. For seniors who have suffered from poor dental hygiene in the past, its not too late to turn their oral health around. Many communities work with dental companies for easy, on-site visits. With the help of a qualified dental professional and caregivers who can keep up with daily brushing, flossing, rinsing, and removing and cleaning dentures every night dental well-being can be regained.

Traveling Solo

TIPS FOR SAFE AND ENJOYABLE ADVENTURESAge is just a number and that number should never restrict your sense of adventure or put a damper on your desire to explore the world. Many of us have a bucket list of places we want to visit but are often held back because we arent sure where to start, have no one to travel with or feel overwhelmed by the cost. But guess what? You dont need to spend a fortune or find a travel companion to pack your bags and set off an exciting adventure.Traveling solo is not only liberating, but it can also be extremely fulfilling. You get to take your time and savor every experience, meet new people, and learn about different cultures. As much as we want you to embrace the joys of solo travel, we also recognize that safety is a top priority. Here are some tips to help you ensure safe, enjoyable, and memorable solo travels.1. Plan AheadOne of the hallmarks of safe solo travel is thorough planning. Before you embark on your journey, take the time to research your destination, including local customs, popular tourist sites, and means of transportation. This will give you an idea of what to expect, how much money you should budget for your trip, and what safety precautions you need to take.2. Choose Safe AccommodationsWhen traveling solo, the type of accommodation you choose can make or break your experience. If you can, always stay in reputable hotels or well-rated Airbnbs. Opt for accommodations that are centrally located in safe neighborhoods, offer amenities such as 24/7 security, and have positive reviews from other travelers.3. Share your ItineryLetting someone close to you know where you will be at all times is another smart tip.Share your travel plans with a family member, friend, or a trusted neighbor before you leave. Provide them with your itinerary, your contact information, and emergency contact details. If youre traveling abroad, its also a good idea to provide them with your passport information.This will give you (and, likely, them) some peace of mind and ensure that someone knows where you are at all times in case theres an emergency.4. Pack LightlyTraveling solo means that you will be responsible for carrying all your luggage so you should pack light and pack smart. Focus on essential items such as comfortable clothing, footwear, toiletries, and medication. Also, keep an extra copy of important documents such as your passport, ID, and travel insurance.5. Trust Your InstinctsYour gut feeling is often right, so if you sense something is off, trust your instincts. If you feel like a particular activity or destination is unsafe, avoid it altogether. Be wary of strangers who seem too friendly or offer to help you more than what seems reasonable. Always keep an eye on your belongings and your surroundings and as always, trust your gut. Its better to be paranoid than it is to put yourself in a dangerous situation.HAPPY WANDERING!Traveling solo is an experience that should not be limited by age. By following our safety tips and trusting your instincts, you can embark on an adventure that will leave you with lasting memories.And if youre looking for a place to call home when youre not wandering the globe and ideally one that offers all the amenities and support you need to live your best life then we are here for you. Contact us today to learn more about our senior living, and how we can help you live your adventure!

Local Services By This Author

Stephanie Thomas Kramer, Esquire

Fiduciary Services 6000 Brooktree Road, Wexford, Pennsylvania, 15090

TRUST SERVICES When looking for a professional fiduciary, you want to look for individuals with the experience and resources necessary to administer complex personal and business assets. Attorney Stephanie Thomas Kramer has built her career managing estates, trusts, trusteed IRAs, corporate and charitable entities. A fiduciary is someone who is legally and ethically obligated to act in the best interests of another person. In the context of elder law, a fiduciary can be appointed to manage an elderly person's medical, financial, and legal affairs if they become incapacitated and unable to make decisions for themselves.What is a fiduciary?The fiduciary has a legal and ethical duty to make decisions that are in the best interests of the elderly person, not their own interests. This is known as a "fiduciary duty."Fiduciaries can be appointed in various ways, such as through a power of attorney document, a guardianship/conservatorship process, or by being named in a will or trust.Fiduciaries are responsible for managing the elderly person's finances, healthcare decisions, and legal affairs. This can include paying bills, managing investments, making medical decisions, and handling estate planning.Hiring a professional fiduciary can be beneficial if the elderly person does not have family or friends who can take on this role, or if there is potential for conflict among family members.Fiduciary services provided by an elder law attorney can help ensure an elderly person's wishes are respected and their affairs are handled properly, especially if they become incapacitated. This can provide peace of mind for the elderly person and their loved ones Stephanie has over 22 years legal, fiduciary, corporate and banking experience, with the majority of her practice involving handling matters for high-net-worth clients. She has assisted clients with a variety of matters, including estate and financial planning, estate administration, the establishment and administration of family foundations, and succession planning for closely held businesses. She has represented businesses, non-profit organizations, and municipalities in a variety of corporate matters.Stephanies estate practice focuses on highly sophisticated planning and tax savings techniques for individuals, families and businesses. In her corporate practice, she counsels businesses in a variety of industries. She assists businesses in planning, drafting and negotiating contracts and commercial transactions.Contact Stephanie today for a consultation at (412) 765-2726.