Parents spend their entire lives caring for their children. As parents grow older, family roles often reverse, and children gradually become the caregivers, offering their parents the same attention and support they once received. While most adult children do not have a problem assisting their elderly parents, some senior citizens need more than just occasional help.
Watching your parents age and slowly lose the ability to care for themselves is painful. If they are no longer able to manage their financial or personal affairs, establishing a guardianship can help you protect their well-being and safeguard their interests.
Here’s what you need to know about becoming a guardian for an elderly parent in Virginia, including how the experienced Virginia elder law attorneys at Hollingsworth Law can advise you through each phase of the process.
Basics of Guardianship
In Virginia, adult guardianship is designed to protect older adults who are unable to take care of themselves properly. Guardianships grant adult children, or, in some cases, another eligible person, the authority to make decisions on behalf of their elderly parents’ care.
Before you become a legal guardian and assume responsibility for making their decisions for them, a Virginia circuit court must first determine that they are incapable of handling their own affairs. A statement from the elderly parent’s doctor, along with statements from family and friends members who have witnessed firsthand the decline in their ability to care for themselves, can serve as evidence to support a finding of incapacity.
When Does Guardianship Become Necessary?
Sadly, as people grow older, caring for themselves can become increasingly challenging. Your once-capable parent may now find it difficult to maintain their hygiene, remember to take their medications, keep their home in a safe and livable state, stock the pantry and fridge, or even eat. Where senior citizens are concerned, the need for guardianship is often the result of mental illness, dementia, diseases like Parkinson’s or Alzheimer’s, or some other form of ineptitude
What Is Involved in Being a Guardian for an Aging Parent?
A guardian has a number of important responsibilities and duties related to an elderly parent’s care, support, safety, health, residence, and treatment. While acting as a guardian, you will be tasked with making choices about issues that have a direct impact on your parent’s day-to-day life. These responsibilities and duties usually include:
Medical and Health-Related Responsibilities
- Obtaining necessary medical care and services for your parent.
- Consulting with healthcare and social service providers as needed.
- Thoroughly understanding the risks and benefits of proposed medical interventions.
- Providing consent for medical treatments and procedures.
- Consenting to the release of your parents’ confidential medical information.
- Advocating for your parents’ best interests when making healthcare decisions.
- Making informed end-of-life care decisions in accordance with your parent’s wishes.
Residential and Daily Living Decisions
- Determining the most suitable and safe living arrangement for your parent.
- Monitoring their residence to ensure safety, cleanliness, and overall livability.
- Overseeing and consenting to non-medical care services, such as counseling or in-home assistance.
- Managing your parents’ social environment to promote comfort, dignity, and emotional well-being.
- Maximizing your parents’ independence whenever possible, ensuring care is provided in the least restrictive manner.
Financial and Administrative Duties
- Applying for and managing government benefits on your parents’ behalf.
- Acting as a representative payee for your parent’s Social Security benefits.
- Filing an annual report with the court detailing your parents’ condition, living situation, and the status of their care.
Taking your parents’ wishes into account when possible is an essential part of acting as an adult guardian. You are also, however, allowed to make decisions that are contrary to their wishes when it is in their best interests for you to do so.
How to Become an Adult Guardian
Seeking guardianship of aging parents in Virginia involves navigating some rather detailed legal proceedings. The process includes:
- The first step to pursuing the guardianship of your elderly parent is filing a petition with the Virginia Circuit Court in the county or city where your parent resides. If they are in a care facility or nursing home, the petition should be filed in the country or city where they used to live.
- Your parent will be mailed a copy of the petition, be advised of the upcoming hearing, and be informed of their rights. Your other parent, as well as any living grandparents, aunts, uncles, and siblings, will also receive notification of the proceedings. If none of these relatives are alive, then notice will be given to three other living relatives. Your parent retains the right to legal representation throughout the guardianship process, along with the right to attend the hearing and question witnesses regarding their supposed incapacity.
- The court will appoint a “guardian ad litem” to investigate. During their investigation, the GAL will meet with you and speak to the parent in question. They will also interview their relatives, friends, doctors, and neighbors. After their investigation is complete, the GAL will make their recommendation to a judge.
Talk to a Virginia Elder Law Attorney
Pursuing guardianship of aging parents is often a tough decision; one that is not made any easier by the fact that the process of doing so can be emotionally draining, tedious, and expensive. That’s where the experienced Virginia elder abuse attorneys at Hollingsworth Law can help.
We are here to assist you in collecting compelling evidence that proves your parents’ incapacity and ensure the best possible outcome for everyone involved. To discuss your guardianship matter with a trusted member of our legal team, call (703) 401-9970 or fill out our online contact form.