Guardianship for Adults

What can you do when your parent is diagnosed with Alzheimer's Disease and is making poor decisions regarding his healthcare and finances?

Does he have a Power-of-Attorney appointing an Agent to makes these decisions for him? That would help in protecting his finances and maintaining proper healthcare. But, what can you do if he didn't properly plan for this event, and never executed a Power-of-Attorney?

You may have to Petition the Orphans' Court in Pennsylvania or Superior Court - Probate Part in New Jersey to have him declared an incapacitated person and appoint someone as his Guardian of his Person and Estate.

Courts don't like to declare people incapacitated and unable to make decisions for themselves since that is in essence stripping that person of their rights.  Courts will look first for a least restrictive alternative such as a Power-of-Attorney.  If there is no least restrictive alternative, and it is proven that he is in need of a Guardian, a Court will appoint one.

Guardianship is a much costlier process than a Power-of-Attorney.  So if you are an older adult and have capacity, it would be prudent of you now to appoint someone your Agent pursuant to a Power-of-Attorney document to make decisions for you when you are no longer able to do so yourself.  Otherwise, you will leave your family scrambling to adequately protect you if you become incapacitated.

If you want to chat about Power-of-Attorney vs. Guardianship, we would love to hear from you.

Have a fun Summer everybody.