Do I Need a Family Law or Guardianship Attorney for an Elderly Parent with Dementia?
QUESTION:
An elderly parent has advanced dementia and now appears to need significant medical, personal, and day-to-day care. The parent objects to proposed care arrangements, including the possibility of placement in memory care or a nursing facility.
Should the family consult an elder-law attorney, a family-law attorney, or an attorney who specifically handles Florida adult guardianship matters? What legal process may be necessary if the parent is unable to make safe decisions about medical care, housing, or personal needs?
ANSWER:
I am sorry your family is facing this difficult situation. For a guardianship involving an elderly parent with advanced dementia, you generally want to consult with an attorney who handles adult guardianship, often within an elder-law, probate, or estate-planning practice; a family-law attorney may be helpful only if they regularly handle adult guardianship matters. The attorney can evaluate whether a guardianship is necessary, whether less restrictive options are available, and what authority may be needed for medical, personal-care, and placement decisions.
Because guardianship significantly affects a person’s rights and the process can be urgent when safety and care needs are involved, contact a qualified local guardianship attorney promptly and bring any existing estate-planning documents, medical records, and information about the proposed care setting.