Guardianship for a family member with Alzheimer’s

May 29, 2014

May was celebrated as Elder Law Month, and as the baby boomer generation ages, guardianship of an elder may be a growing concern. Although guardianship is most often discussed regarding minor children, it can be a helpful tool for older family members, too.

Guardianship for a family member with Alzheimers
(Photo Credit: medcitynews.com)

One in three people age 65 or older will contract some form of simple disability (cognition, vision or hearing impairment, the inability to get around without assistance, etc.). A diagnosis of such a disability may highlight the difficulty that individual faces in daily living. More difficult than basic aging or simple disability is the presence of Alzheimer’s; according to the Alzheimer’s Association five million are living with it presently, at a cost in 2013 amounting to $203 billion.

Being watchful for thesigns of Alzheimer’s can be an important step in recognizing the need to consider guardianship: among them, memory loss affecting daily living; the inability to complete familiar tasks; misplacing things; confusion over either time or place.

If the elder person does not have a power of attorney or advance directive, you can go into court and seek a declaration of incompetence. Subsequent appointment as a guardian will mean assuming decision-making for living arrangements, the management of finances and medical choices–the last two critical as out-of-pocket costs for older Americans have jumped 46 percent since the year 2000.The guardian has the legal duty to act in the best interest of the ward, and only in those areas permitted by the court. Those looking into guardianship for older parents may want to evaluate their own estate plans at the same time.

Difficulties may extend or render contentious the achieving of a guardianship role. If other family members cannot agree on the need, or on the proper person, the process can be lengthy. Further, the elder individual has the legal right to contest, and the determination of the court will only follow upon extensive expert evidence. Planning for your needs in advance can be extremely helpful for reducing family conflict. To learn more about applying for guardianship in New Jersey or planning to avoid the need, reach out to us at info@lawesq.net or contact us via phone at 732-521-9455.


Practice Areas:



Schedule your free Exploratory phone call

Click here to see how we
can be of assistance.

Payment Portal
for Tax and Accounting invoice

This link offers a secure, quick way to complete your payment with Omni360 Advisors LLC.

Our Social Media

Connect with us on Social Media using the following buttons:

Visit our Podcasts

Listen in, Join the Conversation!

Recent Posts

Your Tax Return Is a Roadmap: What to Review Before Year-End

Your completed tax return can reveal planning opportunities before year-end. Review investment gains, business income, retirement contributions, and estimated tax payments with your tax and ...

<p>The post Your Tax Return Is a Roadmap: What to Review Before Year-End first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Business Owners: Five Financial Conversations to Have Before December

Before year-end, business owners should review profit projections, cash reserves, major purchases, retirement plan funding, and personal financial goals with their advisory team. The start ...

<p>The post Business Owners: Five Financial Conversations to Have Before December first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Before You Make a Year-End Financial Move, Ask How It Affects the Rest of Your Financial Picture

Before making year-end tax, investment, retirement, business, or charitable decisions, consider how each move affects your broader financial picture. Year-end financial planning often starts with ...

<p>The post Before You Make a Year-End Financial Move, Ask How It Affects the Rest of Your Financial Picture first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>