As your parents get older, they may lose the ability to handle their finances or make important decisions on their own. Even with comprehensive estate planning, you may have to pursue guardianship over your parents, which gives you the legal authority to manage their affairs. Below are a few signs that it might be time to take this step.

When Should You Seek Guardianship of Your Parents?

1. They Refuse to Sign Powers of Attorney

You may be able to help your parents pay bills and keep up with doctor’s appointments for a while, but you may eventually need more legal authority. A power of attorney gives you the legal ability to sign checks on your parents’ behalf or talk directly with their health care provider.

Many seniors with dementia or Alzheimer’s refuse to sign any estate planning documents at all, including powers of attorney. It may be best for all of you to talk with an attorney about filing for guardianship.

2. You Have to Sell Assets

If your parents are moving into assisted living or can’t keep up with house maintenance, you may need to sell their property or other assets. However, you may not have the legal right to engage in real estate transactions even with a power of attorney. If they don’t have the capacity to manage the complexities of selling a home themselves, guardianship may be the best option.

3. They Forget Medications

Many seniors have to take blood pressure medicine, insulin, and a variety of other medications on a daily basis. However, dementia and Alzheimer’s can make it challenging for many patients to manage their own health care.

Seniors who routinely forget to take their pills may need around-the-clock care that an assisted living facility can provide. If your parents resist, becoming a guardian allows you to make this critical decision for them.

Petitioning to become a guardian over your parents is a difficult and complex task, but a skilled attorney can make it as easy as possible. For over 50 years, Louis C. Noto has provided detailed legal advice and comprehensive estate planning services to families throughout the Rochester, NY, area. Visit his website to learn more about his estate planning expertise, or call (585) 232-1815 to schedule your initial consultation.