PARENTING OUR PARENTS: GUARDIANSHIP FOR PARENTS
What do you do when you have to become a parent for your mother or father or both? It is a tricky situation filled with emotional, financial, legal, family, medical, and practical considerations. On one hand you want to honor their wishes and desire for independence. On the other hand, their decision making capacity is diminishing. Sensitivity is important yet action may need to be taken sooner rather than later.
If your parent (any person really) becomes incapacitated, then the role of a guardian is essential. Legally, guardianship is simply the court granting legal right of one person to act on behalf of another.
Being in Florida with our large retirement population, we find in our practice the need for guardianship is a growing trend. It is especially difficult when an adult child lives out of state and needs to become the guardian. Should you find yourself in that situation, you don’t just need an attorney, your need a relationship with a Florida attorney. Guardianship is often the first step of many legal matters involving your parent(s).
A Durable Power of Attorney can help avoid the need for a Guardianship. Of course, the person granting the Durable Power of Attorney must have the mental capacity to be able to do so. Thought should be given to getting such a Power of Attorney before the need for it arises.
We’re here for you because we’re facing the very issues ourselves so please feel free to connect with us about your situation as well as wills, family estate, real estate, and other matters of importance to your family. Yes, even families need a Chief Legal Advisor.