For so much of our lives, our parents are looking after us. They care for us, love us, and look out for us as we grow up. But, as our parents get older, the tables can turn, and we become the caregivers. This can be a difficult role-swap—especially if you have a parent with dementia or Alzheimer’s disease.

A dementia diagnosis can turn their—and your—entire world upside down. And as they progress through the different stages of the disease, you may find yourself considering guardianship.

It can be difficult to watch an elderly parent deal with dementia. As the disease progresses, they change so much that it sometimes seems like the person you knew is fading. You may not feel confident in their capacity to make decisions for themselves or handle their own affairs. And they may not be willing to move into an assisted living facility to get more comprehensive help. In cases like these, seeking guardianship may be the right decision.

But the guardianship process can be difficult to navigate. That’s why we’re here to help. This guide will help you understand what guardianship is, when it might be time to pursue it, and what that process entails—giving you the information you need to take the first steps to secure your parent’s future.

What is guardianship?

When we think of the guardianship process, we often imagine a child moving into the care of friends or family. But, obtaining guardianship for an incapacitated person or a parent with dementia is also a common practice. In fact, around 1.3 million adults in the United States are under legal guardianship.

Guardianship is defined as “the appointment by a court of a person or entity to make personal and/or property decisions for an individual whom the court finds cannot make decisions for themselves.” 

If you’re appointed as your parent’s legal guardian, you’ll oversee decisions about matters for which the judge has given you permission. These can include anything from medical decisions and your parent’s living arrangements, to finances, diet, travel, and social activities.

Seeking guardianship for an elderly parent with dementia can give you and your family members the peace of mind of knowing that they’re in safe hands as their disease progresses. But, it should only be seriously considered when no other options are available or suitable to your situation.

When is guardianship necessary?

Obtaining guardianship of a parent with dementia isn’t an easy decision to make, often involving lots of mixed emotions and some tough conversations with other family members. It can be hard to determine when it’s the right thing to do. 

Guardianship can become a necessity in certain situations:

• Your loved one’s condition has deteriorated to the point that they’re unable to make decisions for themselves.
• They’ve become combative or are a danger to themselves or others.
• They’re refusing essential health care.

In general, guardianship should only be considered a last resort, when less restrictive alternatives—like power of attorney or a supported decision-making agreement—haven’t worked or aren’t available. 

But if you’ve come to this blog, seeking guardianship might be the only option you have left to explore. If any of the above sounds familiar, it may be time to start the legal process of gaining guardianship of your parent.

The guardianship process in Texas

Guardianship laws vary from state to state, and in Texas, there are 4 different types of guardianships available:

• Guardian of the person, full or limited: As the guardian, you’re responsible for providing care, supervision, food, clothing, medical care, and shelter for your parent.

• Guardian of the estate, full or limited: You’re responsible for managing your parent’s property and financial affairs.

• Guardian of the person and estate: You’re responsible for taking care of your loved one as well as any property or financial decisions.

• Temporary/emergency guardianship: A temporary guardianship is put in place until the court makes its final decision.

Getting started

• Step 1: The guardianship process can come with what feels like endless paperwork. Hiring an elder law attorney will help you navigate the legal documents involved.
• Step 2: File a petition with a probate court in the county where your loved one is living. You’ll need to provide proof that your parent has undergone a thorough medical examination conducted by a physician licensed in Texas no more than 4 months before you submit your application.
• Step 3: Notify your parent of your application. It’s not just a courtesy, it’s a requirement. 

What happens next

After you file for guardianship, the judge will set a date for a court hearing. They’ll appoint an attorney ad litem to represent your loved one, the proposed ward. 

If the court or the attorney ad litem think further investigation is needed, they might appoint a guardian ad litem. This guardian’s job is to make recommendations based on what’s best for your parent. 

It may be painful to appear in court, especially if a guardian ad litem is put in place. You have your loved one’s best interests at heart, but sometimes this is simply a part of the process to ensure each situation is dealt with thoroughly and appropriately.

If the court is satisfied that guardianship is safe and necessary, you’ll be granted full legal power to act in their best interest—whether physically, financially, or both.

Your ongoing responsibilities as a guardian

Within 20 days of being appointed as a guardian, Texas state law requires you to sign under oath that you’ll perform your duties and post a bond with the court. After posting the bond, you’ll be given letters of guardianship to prove your role as the guardian. These letters expire after 16 months, and to get new ones, you’ll need to file an annual report and post a new bond.

Paperwork and bonds aside, it’s now your responsibility to manage your parent’s care in whichever way the court has empowered you—whether that’s estate-only, person-only, or full guardianship. From managing medical appointments and medications to learning how to handle your parent’s shifting moods and conditions, there are resources available to support you and help you through this time. 

Get the extra support you need with Sundara

This can be an overwhelming and upsetting time for you and your family members, but remember, you don’t have to go through this alone. 

Sundara Senior Living is your local authority on dementia care. You can find more information on our resources page if you have any concerns as you transition into guardianship.

If you have questions and want to speak to someone, we’re always happy to help. You can reach us at 512-399-5080 or info@sundaraliving.com.