**Understanding Legal Guardianship for Someone with Alzheimer’s**
When someone you love is diagnosed with Alzheimer’s disease, it can be a challenging and emotional time. As the disease progresses, the person may lose the ability to make decisions for themselves, which can lead to the need for legal guardianship. In this article, we will explain the process of legal guardianship and how it can help protect your loved one.
### What is Legal Guardianship?
Legal guardianship is a legal arrangement where a court appoints an individual (the guardian) to make decisions on behalf of another person (the ward) who cannot care for themselves. This is often necessary for people with Alzheimer’s disease, as they may no longer be able to manage their own affairs.
### When is Legal Guardianship Needed?
You might need to consider legal guardianship if:
– **A loved one has Alzheimer’s or dementia**: If the person is no longer able to make informed decisions about their care, finances, or living situation.
– **A child is involved**: If a minor has no capable parents or caregivers.
– **A disability is present**: If someone has a severe developmental or psychiatric disability that prevents them from making sound decisions.
– **Injury or incapacitation**: If someone has been injured or is otherwise unable to care for themselves.
### The Role of a Guardianship Attorney
Navigating the legal system can be overwhelming, especially during an emotional time. A guardianship attorney can help guide you through the process, ensuring that everything is done correctly. Here are some key roles an attorney can play:
1. **Guiding You Through the Legal Process**: An attorney will help you understand the steps involved in establishing guardianship, from filing the necessary paperwork to representing you in court.
2. **Ensuring Paperwork is Filed Correctly**: One of the biggest hurdles is completing and filing the correct legal documents. An attorney ensures that all forms are properly completed and that the petition includes required supporting documents, such as medical records.
3. **Representing You in Court**: In most cases, guardianship requires a court hearing where a judge reviews the case and determines if guardianship is necessary. An attorney will help present a strong case for guardianship, address any concerns the judge might have, and properly respond to objections from other family members.
4. **Handling Family Disputes & Challenges**: Guardianship cases can sometimes lead to family disagreements, especially if multiple people want to be the guardian or if someone opposes the appointment. An attorney can help mediate these conflicts and present evidence in your favor.
### Steps to Establish Guardianship
1. **Determine if Guardianship is Necessary**: An attorney will help determine if guardianship is truly necessary or if alternative legal options, such as power of attorney or a living trust, might be better.
2. **File the Necessary Paperwork**: This includes preparing and submitting the petition for guardianship, which must include required supporting documents like medical records.
3. **Attend the Court Hearing**: During the court hearing, the judge will review the case and determine if guardianship is necessary. An attorney will represent you and present your case.
4. **Address Family Disputes**: If there are disputes over who should be the guardian, an attorney can help mediate these conflicts and present evidence in your favor.
### Managing Assets and Care
In some cases, a person with Alzheimer’s might need both a guardian and a conservator. A guardian would make decisions about the person’s living situation and ensure they are safe and well cared for, while a conservator would manage their assets, such as selling a house or managing investments to pay for care.
### Conclusion
Establishing legal guardianship for someone with Alzheimer’s can be a complex and emotional process. However, with the help of a guardianship attorney, you can ensure that your loved one receives the care and protection they need. By understanding the role of a guardianship attorney and the steps involved in establishing guardianship, you
