For many families, asking the court to declare a guardian over an elderly parent is a tough complex decision, even if the person asking to be named the guardian believes that they are doing it in their parent’s best interest. Nevada law is very specific about when a judge can appoint a guardian. Therefore, it is wise to know the law before taking this drastic step that can destroy family ties forever.
Declared Unable to Make Competent Decisions by a Health Care Professional
The first way that a judge may appoint a guardian over an elderly parent is to have them declared unable to make competent decisions by a doctor or other health care professional. Alzheimer’s and dementia are two of the most common reasons that a doctor would agree to make this statement. The person seeking the guardianship must present paperwork from the doctor to the court showing that the person is unable to make decisions.
Declared Unable to Take Medicine and Care for Themselves Due to Forgetfulness
Very similar to the first way, a medical doctor can also testify that a person is so forgetful that they cannot be trusted to take lifesaving medicines and show up for doctor appointments. Everyone is allowed to refuse medical treatment until they become forgetful or confused.
Demonstrates Unsafe Behaviors Without Understanding That They are Unsafe
A guardian can also be appointed for people who are making unsafe behavioral decisions without realizing that they are unsafe. The crux of this decision is rather the person understands that the decisions that they are making are unsafe. Even if the child of an elderly parent sees their elderly loved one making poor decisions, the judge will not appoint a guardian unless he or she is convinced that the person is not capable of understanding that the decisions are unsafe.
Elder Financial Exportation
The senior has the right to spend their money as they want as long as they are not being financially exploited. Unfortunately, fraudsters have stolen almost $3 billion dollars from those over the age of 50 last year.
In very few cases, a guardian can be appointed if the senior lacks the financial means to pay for their medical care and they do not understand how to apply for public help.
If you need help applying for guardianship over an elderly parent, then contact an estate planning attorney in Las Vegas. They can assist you in fighting your case.