Elderly Guardianship

As the number of U.S. citizens living longer has increased dramatically in the last couple of decades, the nation has seen a significant increase in the number of individuals who become incapacitated and therefore incapable of making decisions for themselves. Whether or not an incapacitated person has significant money or assets, they will always need assistance in making personal decisions related to their health and welfare.

A Guardian of the Person is appointed to make medical and personal health and welfare decisions for someone who has become incapacitated. While a guardian of the person can be appointed for a minor child, this type of guardianship is most often encountered with incapacitated adults who are no longer able to make these decisions for themselves.

A guardian of the person is appointed by the Probate Court to make all of the medical and personal decisions for an incapacitated person. These decisions could include the following:

• Decisions related to medical treatment
• Choices of an appropriate place for the incapacitated person to live
• Whether to allow life support treatment
• Making provisions for food, clothing, and medication
• Any other decisions affecting the personal health and welfare of the incapacitated person

The process to have a guardian appointed is generally fairly easy. The prospective guardian generally makes an application to the Probate Court to become the guardian. After it receives the application, the Court will appoint an attorney to represent the proposed ward to determine if the guardianship is necessary and/or objectionable to the proposed ward. After the Court conducts a hearing on the necessity of the guardianship, the Judge will appoint the Guardian to serve either until the Ward dies, no longer needs a guardian, or the guardian is removed for some reason.

Unlike a guardian of an estate, the guardian of the person has very few reporting requirements with the Court after they are appointed as guardian. Each year, the guardian is required to file a report providing the Court with information related to the Ward’s living conditions, mental and physical capabilities, prognosis, etc. This Report is very simple and usually does not require the assistance of an attorney. Likewise, the Report is basically the only reporting requirement necessary for a Guardian of the Person.

Serving as the guardian of the person of an elderly adult can very often be a difficult task. The Guardian is the person who accepts responsibility for providing personal care and attention to the Ward. While this may seem simple, it can be taxing on the Guardian when they receive phone calls in the middle of the night because the Ward needs to go to the hospital or when the Ward’s health declines and he or she needs very regular attention. However, the role of the guardian of the person is one that is extremely important for the incapacitated person. The guardian of the person generally holds the ability to provide an incapacitated person with the comforts of life and care that make their final months or years bearable.

Guardianship Information Center