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623-229-0463 
State law largely protects the rights of individuals to make their own decisions and manage their own resources. However, in certain circumstances, the courts may intervene and limit someone’s legal and financial authority. Occasionally, the courts may grant family members, caregivers and other concerned parties guardianship over a ward.
A concerned individual can assume legal authority over the daily life, medical decisions, living circumstances and finances of the ward. Sometimes, people pursue conservatorship instead of guardianship, which involves specifically seeking financial authority for the protection of someone’s resources. Those asking for that degree of legal authority typically need to make a compelling case in court.
What may convince a judge that guardianship is necessary for the well-being of a vulnerable adult?
1. Medical Records
For many families, an alarming medical diagnosis is what forces the family to take legal action. Someone recently diagnosed with dementia might be incapable of acting in their own best interests. Similarly, particularly severe mental health disorders might warrant a request for guardianship. Individuals who struggle to understand the world around them may need the assistance of a competent adult to ensure their safety and financial stability.
2. Financial Records
The easiest way to establish that guardianship or conservatorship is necessary is to prove that an individual has failed to consistently manage their financial obligations as they should. Records of a vulnerable adult falling victim to swindling attempts could convince the courts to protect them from themselves. So could financial records showing that they have repeatedly failed to fulfill their financial responsibilities to others. Financial records can show that an individual is no longer capable of properly managing their own resources.
3. Personal Testimony
An assortment of different individuals may witness an older adult’s confusion and difficulty caring for themselves. Family members, neighbors and professionals who provide in-home support are among the various parties who could testify in court about an older adult’s struggles to handle their own affairs. People can provide testimony about regular moments of confusion or combativeness. They can describe how an older adult began refusing medical care out of concern that a doctor might diagnose them with Alzheimer’s disease. The insight of those close to an older adult can sometimes convince the courts that legal intervention is necessary for their safety.
Pursuing guardianship or conservatorship may ultimately prove beneficial for older adults who are vulnerable during their golden years. Those who speak up on behalf of family members can assume authority and help ensure their safety when they cannot consistently act in their own best interests. Contact us online or call today for a free consultation with Pennington Law, PLLC.
