Watching someone you care about lose their ability to make decisions can be heartbreaking. Dementia affects thinking, memory, and daily functioning. As the condition progresses, legal steps may be necessary to ensure their safety. One of those steps is seeking guardianship through the court.
In New York, guardianship enables an individual to make decisions on behalf of an adult who is unable to do so independently. This may include health care, finances, and living arrangements.
Starting the Guardianship Process
The first step is filing a petition in court. The petition asks the court to appoint a guardian for a person who has trouble making decisions. You need to show that the person’s condition affects their ability to manage personal or financial matters. Dementia is one of the most common reasons families request guardianship. The court does not accept vague concerns. It requires facts, examples, and sometimes expert opinions.
What the Court Looks At
The judge listens to all sides before making a decision. The court evaluator’s report plays a big role. It includes interviews with the person, family members, doctors, and others. It may also involve medical records, home visits, and legal documents.
The court avoids taking away more rights than necessary. If the person can still make some choices, the court may limit the guardian’s powers to specific tasks.
After Appointment: The Guardian’s Role
Once appointed, the guardian starts managing the person’s needs as outlined by the court order. This may include:
- Making medical appointments and treatment decisions
- Paying bills and managing income or assets
- Choosing a safe place for the person to live
- Keeping records of all decisions and transactions
Guardians don’t work alone. They often speak with doctors, lawyers, and family members to make thoughtful choices. The job requires organization, time, and clear communication.
What Happens if There’s No Guardian
Without a guardian, things can quickly become complicated. A person with dementia may sign risky financial documents or stop taking needed medications. They may live in unsafe conditions or fall behind on bills. If no one has legal authority to step in, problems grow worse.
Power of attorney documents can help in some cases, but these must be signed while the person still understands what they’re doing. If dementia has progressed too far, those documents are no longer valid. That’s when guardianship becomes necessary. It fills a legal gap that power of attorney can’t cover when capacity is already lost.
How Long Does It Take?
Guardianship cases can move quickly in emergencies. In general, though, the process takes several weeks. Delays happen when:
- Paperwork is incomplete
- Medical records are hard to get
- Family members disagree
- The person opposes the guardianship
The more prepared you are, the smoother the process tends to go. Having legal guidance early can help avoid mistakes and reduce delays.
Moving Forward with Confidence
Guardianship brings legal responsibility, but it also brings stability. It gives you the tools to manage care, protect finances, and plan for the future. It’s not about control. It’s about making sure the person gets the support they need when they can’t do it themselves.
If your loved one is showing signs of memory loss, it may be time to start planning. Early steps can prevent bigger challenges later.
Our team at Voekl Law PC helps families navigate guardianship for loved ones with dementia. Call 716-633-4030 to schedule a consultation and get guidance for your next steps.