When someone you love can no longer care for themselves — whether because of aging, illness, or disability — it’s natural to feel overwhelmed and unsure of where to turn. Navigating the legal and practical steps to protect their well-being can be confusing.
One option that families may need to consider in these situations is guardianship, a formal legal arrangement that allows a trusted person to step in and make important decisions on behalf of a loved one who can no longer do so on their own.
At its core, guardianship is a court-approved relationship where one individual, called the guardian, is given the authority to act on behalf of another person, known as the ward. Depending on the situation, guardianship may give someone the ability to make critical decisions about medical care, manage finances, arrange for housing, and ensure that daily needs are met. Although it can be difficult to accept that a loved one may no longer be able to make these choices for themselves, guardianship often becomes necessary to protect their safety, dignity, and quality of life.
There are many different life circumstances where guardianship may be the right path. For example, it’s often needed when an aging parent develops dementia or Alzheimer’s and begins struggling to manage money, take care of their health, or live safely on their own. In other cases, a younger adult with a significant intellectual or developmental disability may need the ongoing support of a guardian to ensure that they receive proper care and assistance throughout their life. Guardianship may also become necessary when minor children are left without parents due to death, serious illness, or other hardships, and another adult must step in to make decisions on their behalf.
Establishing guardianship is a serious step and involves a legal process that can be both complex and emotional. To obtain guardianship, a petition must be filed with the court, explaining why this type of arrangement is needed. The court will then require notice to be given to family members and other interested parties, and may appoint an attorney or evaluator to represent the interests of the person at the center of the case. A judge will hold a hearing, where evidence and testimony are presented to determine if the individual truly lacks the capacity to manage their own affairs. If guardianship is approved, the guardian will be responsible for providing regular reports to the court about the ward’s condition and how their personal and financial matters are being handled.
Because guardianship involves removing significant decision-making rights from a person, it’s always important to consider whether there are less restrictive alternatives that could offer the necessary support without taking away their autonomy. In some situations, tools like a durable power of attorney, health care proxy, or living trust may provide enough protection, especially if the individual is still able to participate in making some decisions about their life. These options can be effective ways to help manage finances or health care needs without the need for a formal guardianship proceeding.
Ultimately, pursuing guardianship is about protecting those we love when they are most vulnerable. It’s about ensuring that someone is there to make decisions in their best interest when they are no longer able to do so themselves. However, because the process can be complicated and carries long-term responsibilities, it’s wise to seek guidance from a professional familiar with guardianship and elder law to understand all of the available options and the obligations that come with being a guardian.
Guardianship may not be the right choice for every family or situation, but when it is necessary, it can provide peace of mind knowing that your loved one is safe, cared for, and supported in a way that respects their dignity and needs.
About Thomas J. Manzi Law
We provide expert legal counsel focused in the areas of Law, Estate Planning & Administration, Guardianship, Veterans Rights, Real Estate and Disability Rights. Whether you need help handling your parent’s estate, or setting up a guardianship to care for a loved one, or you are tackling a residential real estate transaction, our team of dedicated attorneys are here to guide you every step of the way. Serving Suffolk, Nassau and the Five Boroughs, we are local with a passion for building relationships that improve case outcomes as well as the lives for our valued clients.
Guardianship may not be the right choice for every family or situation, but when it is necessary, it can provide peace of mind knowing that your loved one is safe, cared for, and supported in a way that respects their dignity and needs. If you need assistance with your estate planning matters, we are here to help. Please contact Thomas J. Manzi, P.C. at (631) 270-6500 for a free consultation.
