Some parents may find that as they get older they are unable to make wise or safe decisions regarding their daily life, finances, or medical condition. Independent living can be dangerous for disorders including dementia, Alzheimer’s disease, or other cognitive disabilities. Under these circumstances, adult children frequently ask: How can one obtain guardianship of a parent?
We will go over all you need to know about obtaining legal guardianship of a parent in this blog, including both standard and emergency procedures, together with what guardianship means for your parent’s rights.
What Is Legal Guardianship of a Parent?
Legal guardianship of a parent is a court-authorized arrangement whereby an adult child (or another responsible adult) may make personal, medical, and occasionally financial decisions for a parent who is no longer competent.
Unlike powers of attorney or advance directives, which need the parent’s consent while they are still mentally competent, guardianship is ordered by the court following a legal decision indicating your parent cannot make decisions on their own.
How to Get Guardianship of a Parent
1. Determine Whether Guardianship Is Necessary
Before filing, assess your parent’s mental and physical condition. A few key questions:
- Is your parent unable to make reasonable decisions about his or her healthcare?
- Is your parent able to manage bills, medications, or health care?
- Are they at risk in their own home (falls, medication error, wandering, fire)?
- Are they at risk of being exploited or neglected?
- Do they refuse help but clearly need it?
- Is there no valid power of attorney or trust in place?
If the answer to these is “yes,” it may be time to consider guardianship.
2. Gather Medical Documentation
You have to offer medical proof showing your parent lacks the ability to handle their own affairs in order to be guardians. Usually, this covers assessments by psychologists, doctors, or other licensed experts. Should your parent have dementia, this documentation should detail the diagnosis, prognosis, and capacity—or lack—of your parent for making wise decisions.
3. File a Petition for Guardianship
The process begins by filing a petition for guardianship with the probate court in the county where your parent resides. This petition must include:
- Details about your parent (the proposed ward)
- Your relationship to them
- Reasons why guardianship is needed
- The type of guardianship requested (personal, financial, or both)
You may also request temporary or emergency guardianship if your parent is in immediate danger.
4. Notify Family Members and Interested Parties
Legally, you have to let other relatives—usually siblings, spouses, or adult children—know about the guardianship petition. Should several people want to be included, the court might request permission or objections.
5. Attend a Court Hearing
After looking over all the evidence—including medical records and testimony—the court will decide whether guardianship is appropriate. Your parent is entitled to show up for the hearing, challenge the petition, and have an attorney represent her.
6. Court Appoints a Guardian
If the judge agrees that guardianship is necessary and you’re a suitable candidate, they will issue an order granting you legal guardianship of your parent. You may be required to:
- Complete guardian training
- Post a bond (especially for financial authority)
- Submit annual reports on your parent’s condition and finances
How to Get Guardianship of a Parent with Dementia
If your parent has dementia, the process is like ordinary guardianship except with more urgency and care. Dementia compromises judgment, memory, and reason, so rendering affected people vulnerable to:
- Financial exploitation
- Medication errors
- Unsafe driving or wandering
Medical documentation is critical. Courts will weigh:
- Diagnosis and mental capacity
- Safety risks and inability to live independently
- Whether the proposed guardian is acting in good faith
It’s often helpful to include a social worker or elder care specialist in the process to provide a holistic view of your parent’s needs.
How to Get Emergency Guardianship of a Parent
In some situations, you cannot wait for a regular guardianship hearing. For example:
- Your parent is hospitalized and cannot consent to treatment
- They are being financially exploited
- They’ve gone missing or are at risk of injury
In these cases, you can petition the court for emergency or temporary guardianship. The court may issue a temporary order without a full hearing, often within a few days.
This emergency order typically:
- Lasts for 30–90 days
- Requires follow-up court hearings to extend or make permanent
Once immediate risks are addressed, the court may convert it into full guardianship.
What Does Guardianship Entail?
Legal guardianship means taking on both authority and responsibility for your parent. Depending on the court’s order, this could include:
- Making medical decisions (doctor visits, treatment plans)
- Managing daily living arrangements (housing, food, safety)
- Handling financial matters (bills, benefits, insurance)
- Ensuring your parent’s general welfare and safety
Guardians must act in the ward’s best interest and report to the court regularly.
How to Obtain Guardianship of a Parent When Siblings Disagree
Family disagreements can complicate guardianship. If multiple adult children want guardianship—or oppose it—the court will:
- Consider each person’s relationship to the parent
- Evaluate evidence of past caregiving roles
- Seek input from medical professionals or court investigators
You may need to attend mediation or provide the signatures of siblings supporting your petition. If conflict cannot be resolved, the court may appoint a neutral third-party guardian.
Do You Need a Lawyer to Get Guardianship?
While it’s possible to file for guardianship without a lawyer, doing so can be risky—especially when:
- You’re seeking guardianship of a parent with dementia
- Family members are in conflict
- Emergency guardianship is required
- You’re unfamiliar with court procedures
An experienced guardianship attorney can:
- Prepare the necessary legal documents
- Coordinate medical evaluations
- Represent you in court
- Help avoid delays and costly mistakes
Final Thoughts
Managing how one gains legal guardianship of a parent can be daunting. However, you can preserve the dignity, safety, and well-being of your parent by means of careful planning, the assistance of a qualified attorney, and a compassionate attitude.
Whether your goal is emergency guardianship, looking after a parent with dementia, or sibling decision-coordinating, guardianship offers the legal basis to look after your loved one when they are unable of doing so.
Guardianship law for elderly and vulnerable adults in Arizona is our area of expertise at Mozell Law Group PLLC. We can assist you with case preparation, option understanding, and parent best interest advocacy.
