Deciding to take over as someone’s guardian is rarely easy, but in some situations, it’s necessary. This is often the case when an aging parent has been diagnosed with dementia or Alzheimer’s disease. As their cognitive abilities begin to decline, it will affect their ability to make important medical and financial calls. Consult a local attorney about seeking guardianship. The following guide will help give you an overview of what to expect when stepping into this role. 

What to Know About Getting Guardianship Over a Parent

What Is a Guardian? 

A guardian is someone the court has appointed to care for an elderly person who is unable to care for themselves. This establishes a legal relationship between the two parties that’s regulated by the court system.

Guardians must be an adult at least 18 years of age and cannot have a felony criminal record. Generally, anyone suitable can be named a guardian, but the court usually gives preference to close relatives.

What Duties Are Involved? 

In general, guardians are responsible for the welfare and safety of their ward. They may be granted authority over the person’s estate, person, or both. Overseeing the estate can involve paying bills, making investments, buying and selling real estate, and filing taxes.

As guardian of their person, duties include making decisions about their medical care, living arrangements, social interactions, and other personal needs. A local attorney can help you determine which type of guardianship to pursue. 

How to File for Guardianship

To obtain guardianship, you’ll need to file a petition with the court, providing detailed information about yourself, your parent, and why they need a guardian. The court will then conduct an investigation to see if guardianship is warranted.

They require that the individual be deemed incapacitated before guardianship can be established. This means the court must find that your parent is no longer able to make informed decisions on their own and can benefit from your protection. A hearing will be held in which the judge will listen to a statement from your local attorney and review the findings from the investigation. 

If you’re looking to petition for guardianship in Nebraska, your chances of success will increase with the help of a local attorney from Reagan, Melton, & Delaney LLP. They’ll guide you through the legal process and ensure you’re properly prepared to show the court why appointing you to the role is in your parent’s best interest. For more than 15 years, they’ve proudly provided Lincoln and Omaha residents with personalized legal representation and advice. Call their Lincoln office at (402) 476-6585 or the Bellevue location at (402) 932-9494 to schedule a consultation. Visit them online to learn more about their services.