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Home >> Basic Questions About Estate Planning – What if my Elderly Parents Need a Guardian?

Basic Questions About Estate Planning – What if my Elderly Parents Need a Guardian?

September 3, 2015 by Andreas Kulas Leave a Comment

Basic Questions About Estate Planning – What if my Elderly Parents Need a Guardian?The question of what happens when elderly parents lost their abilities is one that many Florida residents face on a daily basis. No one likes getting older, but being prepared for what aging can do to us and our loved ones is the responsible thing to do. If you have aging parent, it may be necessary to ask a court to name a guardian over them. What is a guardian, and how does the guardianship process work? Let’s take a look at some basic questions surrounding this issue.

What is a guardian?

A guardian is a person who is legally entitled to make decisions on behalf of someone else. Most people know that guardians can, for example, make choices on behalf of children, but there can also be guardians who make decisions for incapacitated adults, known as wards. Only a court can appoint a guardian. The court must hold a hearing, determine that the ward is truly incapacitated, and then choose who should serve as that person’s legal guardian.

How can I tell if my elderly parents need a guardian?

This is often one of the most difficult questions when it comes to elderly parents and their adult children. While natural declines in abilities are common as everyone ages, those declines don’t necessarily mean that the elderly parents need a guardian. For example, a parent who occasionally forgets where he or she placed the car keys is usually not enough to require a court to appoint a guardian, but a parent who is unable to keep track of bills or who forgets information that affects his or her daily life will probably need some kind of assistance.

Determining whether elderly parents need a guardian is often a question that can only be answered by experts, such as medical professionals. However, even if everyone thinks a person needs an adult guardian, the final decision always rests with a court.

Can my parents control who makes choices for them, or the kinds of choices that get made?

Yes. As long as your parents are mentally capable, they can make estate plans that control what will happen to them in the future should they lose their capacity to make choices. There are multiple estate planning devices that allow them to do this, such as durable powers of attorney, and health care directives, but all of them require your parents to act now

If you haven’t already discussed the issue with your parents, talking to them about their wishes could go far to help you, and them, avoid what could otherwise be a big problem for both of you.

To learn more, please download our free guardians in Florida here.

Filed Under: Elder Law Tagged With: Estate Plan, guardianship

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"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

Janice M
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August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

Krissy L.
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I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

Leo C.
Client Review
August 25, 2020
    

Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

Mildred W.
Client Review
August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

Joan C.
Client Review
August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

L.G.K.
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