{"id":27,"date":"2019-03-28T17:23:05","date_gmt":"2019-03-28T17:23:05","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/?p=27"},"modified":"2023-06-07T19:18:05","modified_gmt":"2023-06-07T19:18:05","slug":"guardianship-for-elderly-with-dementia","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/blog\/guardianship-for-elderly-with-dementia\/","title":{"rendered":"Guardianship for Elderly With Dementia in Arizona"},"content":{"rendered":"

Watching an elderly family member or friend suffer from dementia or Alzheimer\u2019s disease is one of the hardest things to witness in this life. As elderly patients lose precious memories, they gradually lose the ability to care for themselves. When their mental capacity is diminished to the point of incapacitation, it\u2019s usually necessary for someone to step in and assist with handling their healthcare, living situation, and finances.<\/p>\n

What is Guardianship?<\/h2>\n

When an adult becomes incapacitated<\/a>, the court can appoint a guardian<\/a>\u00a0to care for the elderly individual. In guardianship proceedings, the caretaker is referred to as a guardian, and the incapacitated person is known as the ward<\/a>. Generally speaking, a guardian has the same rights and powers that a parent has over their biological child (ARS 14-5312<\/a>).<\/p>\n

When is Guardianship Warranted?<\/h2>\n

A guardianship can only be established for minors, adults with disabilities, and adults who are mentally incapacitated. An individual is considered incapacitated when they lose the ability to make ration decisions for their care and wellbeing, and\/or when they lose the ability to communicate important decisions. Incapacitation usually requires certification by a doctor or psychologist.<\/p>\n

What Does a Guardian Do?<\/h2>\n

While most guardians are granted broad power to handle all of a ward\u2019s affairs (financial, healthcare, living, etc.), the court can limit the guardian\u2019s authority to certain activities depending on the extent of the elderly individual\u2019s incapacitation. A guardian\u2019s responsibilities will hinge on what activities the ward has demonstrated difficulty handling on their own, and what activities one could reasonably assume that they\u2019ll need help with going forward. It\u2019s not uncommon to see guardianship situations where the ward needs help handling their finances and living situation but retains enough mental capacity to make the final decisions regarding their healthcare and treatment.<\/p>\n

Following is a list of some of the activities that guardians are usually responsible for:<\/p>\n