Many older adults are fiercely defensive of their independence. They try to retain their driving privileges for as long as possible. They may insist that they want to continue living in their own home instead of moving in with their adult children or into a nursing home facility.
Families usually try to support older adults who want to continue living on their own. However, there are scenarios in which concerned loved ones may need to intervene for the protection of elder adults. The courts can award guardianship to another responsible adult in scenarios where people can no longer manage their own affairs.
Is a dementia diagnosis adequate justification to request guardianship of another adult?
A diagnosis is indicative of upcoming decline
Some families are lucky. They manage to detect the early signs of dementia before the situation spirals out of control. The diagnosis may come before an older family member sustains injuries or makes mistakes that affect their health or finances.
There are several different types of dementia, all of which have different rates of progression. An individual diagnosed with Alzheimer’s disease might be able to continue living independently for months or years before their symptoms become problematic.
However, they may recognize that they may soon need support and may agree to cooperate in the guardianship process. Other times, families may need to convince the courts to award them guardianship involuntarily because the person with dementia cannot safely manage their own affairs and denies the need for support.
Reviewing medical records and other evidence of significant decline can help families determine whether pursuing guardianship is appropriate given the circumstances. Prompt legal action may protect a loved one from a situation in which they could endanger themselves or squander the resources they need for their comfort later in life.