Proud Neighbors In Cincinnati

Proud Neighbors In Cincinnati

Can you ask the Ohio courts for a guardianship over your parent?

On Behalf of | Sep 8, 2021 | Estate Planning & Elder Law |

Maybe the doctor recently diagnosed your dad with Alzheimer’s disease. Perhaps your mom is on the brink of eviction because she has repeatedly forgotten to pay her rent despite receiving her Social Security payments every month.

It can be hard to accept the fact that someone you loved has begun to experience cognitive decline. However, aging loved ones often need support just like children do. Particularly in the case of those with Alzheimer’s disease, regression to childlike behavior may make it impossible for someone to manage their own life and act in their own best interests.

Can you ask the Ohio courts for guardianship when your parent can no longer take care of themselves?

The Ohio courts can grant guardianship for those declared incompetent

Guardianship involves one person assuming legal authority over another adult. Often, guardianship proceedings occur right when an incapacitated young adult approaches the age of 18. Still, some families need to request a guardianship as older members of their family start to decline due to age.

Provided that the courts agree that your loved one is no longer competent, they may award you guardianship so that you can manage their affairs. In Ohio’s guardianship system, incompetence means an inability to take care of oneself, one’s dependents or one’s property. Failing to seek medical treatment and repeatedly forgetting to pay for bills could be enough to convince the courts that guardianship is necessary.

It is better to hurt someone’s feelings than to let them hurt themselves

Too many loving children put off seeking a guardianship because they think that their parent will resent them. Yes, those who have lived independently often become angry when someone they trust, like their child, infringes on what they see as their rights.

Those no longer capable of independent living because of their age could put themselves in dangerous situations. They could burn down their house, fail to ask for help during a medical emergency or go weeks without groceries because they can’t handle going to the store. However upset your loved one might be about the guardianship, you will likely find it easier to live with yourself if you pursue a guardianship to protect them rather than leaving them on their own as they continue to decline.

Understanding when it is time to intervene in your loved one’s life isn’t always easy, but seeking a guardianship when they can’t care for themselves anymore will protect you from guilt and them from a possible disaster.