Guardianship is becoming a significant issue for baby boomers caring for aging parents. Traditionally, it was a contentious process that stripped elderly individuals of most rights. Today, guardianship can be more nuanced, with courts evaluating specific areas of capacity to grant guardianship only when necessary.
There are two types of guardianship: of the person, for living and healthcare decisions, and of the estate, which involves managing the person’s financial affairs. Modern guidelines from organizations like the American Bar Association focus on task-specific capacity, recognizing that a person may need assistance in some areas while remaining independent in others.
Courts evaluate six areas of capacity:
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