Caring for a parent with dementia can be emotionally, mentally, and physically challenging as their cognitive abilities decline. If your loved one struggles to manage daily tasks or make decisions, seeking guardianship can empower you to protect their safety and well-being.
Obtaining guardianship of a parent with dementia involves 4 key steps: filing a petition with the court, notifying your parent and relevant family members, submitting a physician’s statement, and completing the court’s assessment process.
After these steps, you can receive the guardianship order.
What is Guardianship?
Guardianship is a legal arrangement where a court appoints someone to make important decisions on behalf of a person who is unable to make those decisions for themselves due to mental or physical incapacity.
Older adults with dementia have a reduced capacity to make safe decisions. Guardianship is an essential legal tool that enables a trusted individual, often a family member, to make decisions for a parent who can no longer manage their own affairs.
Unlike power of attorney (POA), which is often established while the individual still has capacity, guardianship is a more formal legal process that requires court approval. Guardianship typically involves making decisions about the person’s living situation, healthcare, and finances.
Why Seek Guardianship for a Parent with Dementia?
Dementia impairs a person’s ability to make decisions, manage their daily activities, and keep themselves safe. As the disease progresses, the individual may struggle with basic tasks such as:
- Managing finances
- Taking medications correctly
- Preparing meals or maintaining hygiene
- Making decisions about healthcare
If your parent is at a point where they cannot manage their affairs, it might be time to explore guardianship.
Guardianship offers a way to actively protect your loved one from potential dangers like exploitation, neglect, or accidental harm. It also allows you to create a living situation where they can feel safe and receive the care they need.
How to Get Guardianship of a Parent With Dementia in Oklahoma
Becoming the legal guardian of a parent with dementia in any part of Oklahoma City is a process that requires legal steps and careful documentation. The steps below will guide you through the process.
1. File Legal Forms for Guardianship
The first step in seeking guardianship is to file the appropriate legal forms with the local court. In Oklahoma, the process begins by submitting a petition to the court requesting guardianship of your parent.
These forms will outline why you believe your parent needs a guardian and your reasons for seeking guardianship.
Each state has specific forms and requirements, so it’s essential to consult an attorney or your local courthouse to ensure you’re using the correct documents.
2. Notify Your Parent and Family Members
Once you’ve filed your guardianship petition, you must inform your parent and close family members of the filing. The process is known as “serving notice.”
It’s essential to communicate with everyone concerned. The court needs to establish that all interested parties are aware of the petition and have a chance to voice any opposition.
If your parent is still mentally competent to understand the situation, they may be asked to sign consent forms. However, if they’re no longer capable of understanding, the court will consider this during the process.
3. Submit a Physician’s Statement
To prove that your parent is no longer capable of managing their own affairs due to dementia, you’ll need a statement from a physician. A physician’s statement is crucial because it must document your parent’s mental condition and inability to make decisions independently.
Ideally, your parent should agree to this medical evaluation. However, if they refuse, the court may order an assessment by an independent physician.
4. Complete the Court’s Assessment Process
The court will review your case after you submit the necessary forms and medical documentation.
The court may appoint a “guardian ad litem,” a neutral third party, to investigate the situation. The guardian ad litem will speak with you, your parent, and other relevant individuals to determine if guardianship is in your parent’s best interest.
During this stage, the court will assess you, the petitioner, to determine if you are suitable to be your parent’s guardian. The court will consider factors such as your ability to care for your parent and any potential conflicts of interest.
5. Receive the Guardianship Order
The court will award you guardianship if it finds that your parent can no longer make decisions for themselves and that you are the appropriate person to provide care.
As a legal guardian, you will be responsible for making decisions about your parent’s healthcare, living arrangements, and financial matters.
Once guardianship is granted, you’ll have the legal authority to act in your parent’s interest and confirm that they receive appropriate care.
Types of Guardianship in Oklahoma
In Oklahoma, guardianship can be of 2 types:
- Full guardianship grants full legal authority over the individual’s affairs, including decisions about healthcare, finances, and living arrangements.
- Limited guardianship gives the guardian authority only in certain areas, such as healthcare or managing finances, depending on the needs of the person with dementia.
In some cases, the court may decide that full guardianship isn’t necessary and will instead appoint a limited guardian.
Frequently Asked Questions
1. How long does the guardianship process take?
Gaining guardianship is a process that can take several months. It involves legal paperwork, medical evaluations, and court hearings.
It typically takes about 3 to 6 months from the initial filing to being granted guardianship.
2. Can I be removed as a guardian?
Yes, a guardian can be removed if they can no longer fulfill their duties or if it’s determined that another individual would be better suited for the role.
Additionally, the person under guardianship can challenge the guardianship in court if they can prove it’s no longer necessary.
3. What if my parent disagrees with the guardianship?
If your parent is mentally competent enough to disagree with the guardianship, they have the right to object.
However, the court will consider the evidence, including a proven lack of mental capacity due to dementia, to make a ruling that prioritizes their well-being.
4. Can I be reimbursed for my expenses as a guardian?
Yes, in many cases, guardians can be reimbursed for reasonable expenses incurred while managing the guardianship. Expenses can include costs for caregiving, medical expenses, and administrative tasks. You’ll need to submit an accounting to the court to receive reimbursement.
Support for You & Your Parent with Dementia
Getting guardianship of a parent with dementia is a serious responsibility but can provide essential protection for your loved one. Following the legal process is crucial if you’re considering guardianship in Oklahoma City.
Looking for support for your loved one with dementia? Providing them with a supportive community and lifestyle can make a world of difference, both for them and your relationship. Schedule a tour of our Sommerset Neighborhood today to explore the possibilities.
