Guardianship: Stepping Up When a Loved One Needs Help

At some point, many families face “the call.” The call to step in when Mom forgets her medications. The call to manage Dad’s bills when they pile up unopened. The call to make sure a loved one with special needs or memory loss is safe and cared for. These are tough moments, and often, they lead to the question of guardianship.

Guardianship is when the court gives someone (a guardian) the legal authority to make decisions for a person who can not safely make those decisions anymore. Those decisions could be about health care, money, housing, or day-to-day needs.

When Might Guardianship Be Needed?

• When memory loss or dementia makes it unsafe to live independently
• After a serious illness or accident leaves someone unable to care for themselves
• When an adult with disabilities needs lifelong support
• If a loved one is being taken advantage of financially

Because guardianship limits a person’s independence, courts do not grant it lightly. A judge will want to see medical evidence, the person’s ability to make decisions, and explore whether other tools—like a power of attorney—might be enough before granting guardianship.

A guardian’s duties can vary depending on the scope of authority granted but often include:

• Helping with medical decisions
• Paying bills and managing money
• Choosing safe living arrangements
• Protecting against exploitation
• Reporting back to the court about how the person is doing

It is an important responsibility—and can also be an act of love, but you do not have to navigate this alone. Figuring out guardianship can feel overwhelming, especially when emotions are already running high. That is where we come in.

At May Oberfell Lorber, LLP, we walk families through the guardianship process step by step —answering questions, explaining options, and making sure your loved one’s best interests are at the heart of every decision.

If you are wondering whether guardianship might be the right step for your family, we are here to help.

This article is for informational purposes only and is not intended to constitute legal advice.