Efficient, Effective Solutions For Your Legal Needs

When can families seek guardianship to protect an elder member?

On Behalf of | Jun 26, 2023 | Guardianships |

Most people imagine living independently well into their golden years, but that dream isn’t achievable for everyone. Some people will eventually require support from family members or professionals due to medical challenges and declining cognitive function as they age.

Sometimes, older adults let others know when they need support. Other times, they may fiercely fight for their independence, refusing to accept help when they desperately need it. If an older adult will not act in their own best interest, then family members may need to take action. The Texas courts can grant a guardianship in situations where older adults can no longer manage their lives independently. When could a judge agree that someone can no longer manage their life independently?

After a serious medical diagnosis

No matter how long someone attempts to defer medical care for their age-related health issues, eventually a doctor may diagnose them with a condition like Alzheimer’s disease. When someone already has signs of dementia, Alzheimer’s disease or other conditions that impact their ability to live independently, their medical records could play an important role in the process of securing a guardianship. When family members can show that someone has a debilitating or worsening medical condition that will prevent them from managing their own households, a judge may agree that a guardianship is the best solution.

After issues with managing their health or household

Older adults may convince everyone around them that they can handle their affairs until something goes wrong one day. Financial records that shows someone has mismanaged their assets or failed to meet their obligations and help demonstrate a need for the support of a different adult. Similarly, if someone has missed appointments or failed to make decisions that would be in their own best interest regarding medical treatment, family members could point to those concerning decisions as evidence that a guardianship is potentially necessary.

People seeking a guardianship generally need to have some form of evidence supporting the claim that an older adult has begun to struggle with independent living. Provided that their concerns stem from documented issues the older adult has had, family members who have reason to worry about someone living alone or managing their own affairs may be able to convince the Texas courts to grant them a guardianship.