Guide to filing for an adult guardianship

Aging is inevitable for human beings. Sooner or later, we are all going to become elderly people who require medical care and who, on some occasions, will have to depend on their loved ones to carry out tasks or activities that they were previously able to do on their own.

The reality is that no one can know how we will have to live through this process. That is why it is important to think, talk with our loved ones and plan ahead of time for any situation that may arise in order to be prepared.

What is guardianship for the elderly?

First, there are times when older people – due to the effects of age – lose their ability to make decisions and take care of themselves.

Diseases such as Alzheimer’s, senile dementia, or a stroke can cause the person to lose the ability to evaluate and discern the appropriate treatment options and care they need based on their medical condition.

On these occasions, a child, spouse, close relative, or caregiver can request guardianship to take care of an adult person in order to be able to make these types of decisions and thus care for the sick person.

How can I apply for guardianship for an adult?

To apply for guardianship of an adult who can no longer make decisions about their health and care, you must take the following steps:

  • Request a medical certificate that assesses the condition of the person. The doctor in charge of the sick person’s health must fill out a form in which he attests to the mental and physical capacity of the patient. Through this document, the reasons for which guardianship is being requested will be clear.
  • Submit an application for guardianship before the Inheritance Court. You must submit the application together with the patient’s medical certificate. The court must analyze the request, and carry out the necessary procedures to determine if you are indeed suitable to obtain guardianship of the person in question. Some of the things that the court will need to investigate include your financial situation, criminal record, relationship with the patient, employment status, etc.

If you believe a loved one needs a guardian to oversee their health and care for them, please contact us. We will review your situation and guide you throughout the process. Call us today!

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