“Should I Pursue Guardianship?”
Deciding to petition the Court for Guardianship of an incapacitated adult can be a hard decision. Sometimes, when considering pursuing guardianship for a loved one, family and friends may feel guilty, wonder if it’s necessary, or ask themselves if it’s worth it. Guardianship is a tool that can enable you to help your loved ones in a way that is otherwise impossible. Depending on your situation, Guardianship can make a world of difference for your loved one. To help you make this difficult decision, here are five reasons why you may want to consider moving forward with guardianship, despite the uncertainty that arises:
1. To Get Authority for Healthcare Decisions
One of the main reasons people petition Arizona Courts for Guardianship is to get legal authority to make healthcare decisions. Often, impaired adults do not have the cognitive ability to make sound medical decisions. The side effects of neurological diseases may even push people to refuse treatment altogether. If you have a family member or friend who needs medical assistance, but is unable or unwilling to get it themselves, you may want to move forward with Petitioning an Arizona Court for guardianship.
2. Ability to Change Living Situation/Placement
Another reason to Petition an Arizona Court for guardianship is to get legal authority to move loved ones out of bad living environments. When loved ones are reluctant or outright refusing to leave home, Guardianship can help you get them into a facility where they can receive the care they need. If your loved one is in a nursing home or care facility where care is inadequate, Guardianship can help you get them relocated.
3. Power of Attorney Revocation
A third reason you might seek Guardianship is to regain authority after a Power of Attorney has been revoked. Paranoia is a common symptom of almost all types of impaired cognitive ability. Due to this paranoia, loved ones occasionally revoke authority granted in Power of Attorney documents or refuse to cooperate in light of that authority. With no agent in place, a vulnerable adult is then left without protection or a responsible legal decision maker. In Arizona, only the Court can revoke guardianship.
4. To Prevent Loved Ones from Driving
A less common, but still important reason, people seek guardianship in Arizona is to impede loved ones from driving. Some cognitively impaired adults struggle to remember where they are going, who is in the vehicle, and what cars are around them. These memory lapses can be dangerous for the impaired adult and others. Guardianship revokes the ward’s driver’s license, helping to prevent people from being harmed in an accident.
5. To Continue to Care for a Disabled Adult Child
In Arizona, a parent’s authority to make decisions for their child terminates upon the child’s 18th birthday regardless of disability. Parents who wish to continue assisting children with mental or physical handicaps should petition the Court for guardianship in anticipation of their child’s 18th birthday. Parents can petition the Court for guardianship of their disabled children six months before their child’s 18th birthday.
Without the authority that comes with guardianship, you may not have the ability to take crucial steps to help your loved one in their time of need. If you think guardianship might be helpful in your situation, call our experienced guardianship team at (480) 409-9303.
The above information should not be construed as legal advice. No attorney/client relationship is formed upon receipt or delivery of the above information.
