Reasons a court will not allow guardianship

| Aug 26, 2019 | Firm News

Under the right circumstances, guardianships can be a useful tool for ensuring loved ones receive the care they need. Some estimates report that roughly 1.3 million adults living in the United States are under guardianship, with a vast majority of those being for adults over the age of 65. 

You may think it is time to put a loved one under guardianship, but the court will look at the circumstances carefully. There are several situations in which many people believe a guardianship should go into effect, but in actuality, it is no cause for concern. The following situations fall into that category, but you need more to successfully attain a guardian role. 

Occasionally forgetting to pay a bill

As people grow older, they tend to forget things they used to remember all the time. You may feel worried if a parent has forgotten to pay a power bill, but a court will not see this as sufficient enough to warrant guardianship. At this juncture, the court may simply recommend a joint bank account and setting up automatic payments. 

Making a poor decision

Everyone makes a bad decision once in a while. Your parents may be more prone to this in their older age, but again, a guardianship cannot come into play at this point. The court will look to see whether the person can still make good decisions. One or two mistakes is not enough. The person must show he or she is incapable of making rational decisions independently. 

No true cause being present

A loved one may become angry or depressed when you bring up the possibility of guardianship. This is a normal response, and you cannot use this reaction as a means to seek one. You should start by making small steps to help the loved one with everyday occurrences. If after a while a guardianship still seems appropriate, then you can pursue one in earnest.