Steps to legally appoint a guardian for a family member with Alzheimer’s
**Legally Appointing a Guardian for a Family Member with Alzheimer’s: A Step-by-Step Guide**
When a family member is diagnosed with Alzheimer’s, it’s crucial to plan ahead for their future. One of the most important steps is to legally appoint a guardian to manage their affairs. Here’s a simple, step-by-step guide to help you through this process.
### 1. **Understand the Need for a Guardian**
Alzheimer’s disease gradually takes away a person’s ability to manage their own affairs. Without proper planning, a court may appoint a guardian or conservator to make decisions for them. This can be avoided by creating the necessary legal documents while the person still has the capacity to do so.
### 2. **Seek Professional Help**
It’s essential to seek the help of an attorney who specializes in elder law. They will guide you through the process and ensure that all necessary documents are in place.
### 3. **Create Essential Legal Documents**
To avoid court intervention, you should create three critical documents:
– **Durable Power of Attorney**: This document grants another person (like a spouse, adult child, or close friend) the authority to make financial and business decisions on your behalf. Choose someone you trust implicitly.
– **Durable Power of Attorney for Health Care Decisions**: This document allows another person to make medical decisions for you if you cannot do so yourself. These decisions include selecting doctors, hospitals, treatments, procedures, or medications.
– **Health Care Treatment Directive (Living Will)**: This document outlines your wishes regarding life support in the event of terminal illness.
Without these powers of attorney, a court-appointed conservator or guardian might handle your affairs, which could lead to unwanted decisions and expenses[1].
### 4. **Plan for the Future**
Early legal planning gives you control over how your affairs will be handled. You can specify who should manage your finances and healthcare, ensuring that your wishes are respected and carried out. This planning also helps you understand how to position your resources to best serve your needs and those of your loved ones[1].
### 5. **Consider Additional Legal Planning**
After executing the necessary powers of attorney, you may want to discuss other legal issues related to your condition with your attorney. This could include life care planning, which helps position your resources to meet your ongoing needs and those of your family[1].
### 6. **Compensate Your Guardian**
The person you appoint to make decisions for you may not expect to be paid. However, reimbursing them for expenses they pay while managing your affairs, such as legal fees and accounting costs, can help ensure that all necessary legwork is performed during your incapacity[2].
### 7. **Understand Guardianship vs. Conservatorship**
A guardian is responsible for making personal decisions, such as where the person lives and their overall well-being. A conservator, on the other hand, handles financial matters, like managing assets and paying bills. In many cases, the same person can serve in both capacities, but it’s also possible to have separate individuals for each role[4].
### 8. **File the Necessary Petitions**
If you need to appoint a guardian, you will need to file a petition with the court. This process varies by state, but generally involves providing documentation that shows the person’s incapacity and the need for a guardian. An attorney can guide you through this process and ensure all necessary paperwork is completed correctly[5].
By following these steps, you can ensure that your family member with Alzheimer’s receives the care and management they need without unnecessary court intervention. Remember, early planning is key to maintaining control over your affairs and ensuring your wishes are respected.
