One of the hardest things a family has to do is to consult a guardianship law attorney in Allentown, PA about the declining mental health of an elderly parent. It’s difficult for children to reach the decision that their parent is no longer able to manage their own affairs. Unfortunately, many families have had to search for a solution on behalf of their elderly parent.
When Would Guardianship Be Needed?
Many people think first of guardianship regarding a young person. When a child is orphaned, a guardian is needed until they become 18. Someone who is disabled may require a guardian at any age. A guardian can be appointed to care for the person and/or his or her estate.
An orphaned child with a sizable inheritance, for example, may have one guardian appointed to assume physical custody and care of the child while someone else manages the child’s financial affairs. An older person suffering from dementia would need both physical and financial guardianship.
Alternatives to Guardianship
Guardianship is often the last resort as it is the most complicated and expensive, but there may not be any other options. Alternatives to guardianship could include:
- Help from family or friends on an informal basis
- A power of attorney
- An established trust
- A representative payee for Social Security Disability and Supplemental Security Income
Proving Incapacity
A guardianship is necessary, the Pennsylvania court will appoint a guardian of the person and/or estate once it has been shown that the person is incapacitated. A guardianship petition must include a sworn statement from either a psychologist or doctor who is familiar with the person’s mental or physical handicaps. This statement must be very detailed, explaining why the person is not able to care for their person, property or both.
If there is no person qualified to assume guardianship, a guardianship agency may be appointed. Guardians are required to submit reports to the court on the physical and financial condition of the incapacitated person.
Erik Conrad Attorney has 22 years experience in guiding and assisting families with their legal issues. If it’s time to consider guardianship for a family member, he is a knowledgeable guardianship law attorney in Allentown, PA. He can assist you with the guardianship process as well as acquaint you with any available options. Contact his office for an appointment.
