How To Get Guardianship Of Someone With Dementia In 2023

how to get guardianship of someone with dementia
image source :

What is Dementia?

Dementia is a general term used to describe a decline in mental ability that is severe enough to interfere with the ability to perform everyday activities. It is caused by various physical changes in the brain, including the buildup of plaque and other abnormal proteins, as well as changes in the structure and chemistry of the brain. Dementia can affect memory, thinking, language, judgment, and behavior, and can eventually lead to death. Alzheimer’s disease is the most common type of dementia, but there are many other types.

What is Guardianship?

Guardianship is a legal relationship between a person (the guardian) and a person with dementia or other mental incapacity (the ward). The guardian is responsible for the care and protection of the ward, and is usually the closest relative or friend of the ward. Guardianship can be either temporary or permanent, and can be established through a court order or through a private agreement between the guardian and the ward.

What Are the Steps to Establish Guardianship?

In order to establish guardianship of someone with dementia, the following steps must be taken:

Step 1: Determine if Guardianship is Necessary

The first step in establishing guardianship is to determine if it is actually necessary. If the person with dementia is still able to make decisions and manage their own affairs, guardianship may not be necessary. If the person is unable to make decisions, or if they are at risk of harm, then guardianship may be necessary.

Step 2: Choose the Right Guardian

The next step is to choose the right person to be the guardian. Ideally, the guardian should be someone who knows the person with dementia well and is able to make decisions in their best interest. The guardian should also be willing and able to take on the responsibilities of guardianship.

Step 3: Meet with an Attorney

The next step is to meet with an attorney to discuss the guardianship process. An attorney can provide advice on the legal requirements for establishing guardianship and can help with the paperwork. An attorney can also provide advice on how to navigate the court process and make sure that the guardianship is set up properly.

Step 4: File the Guardianship Petition

Once all of the preliminary steps have been taken, the next step is to file a guardianship petition with the court. This petition must include detailed information about the person with dementia, the proposed guardian, and why guardianship is necessary. The court will then review the petition and make a decision.

Step 5: Attend the Guardianship Hearing

The court may require a hearing before making a decision on the guardianship petition. At the hearing, the proposed guardian will be required to answer questions from the court and may be asked to provide evidence that guardianship is necessary. If the court approves the guardianship petition, then the guardian will be officially appointed.

Step 6: Follow the Court Order

Once the guardianship has been established, it is important that the guardian follows the court order. This includes making decisions in the best interest of the ward, keeping detailed records of all decisions and expenses, and providing regular reports to the court. It is also important to make sure that the ward’s rights are respected and that they are treated with dignity and respect.


Establishing guardianship of someone with dementia can be a difficult and complex process. It is important to understand the legal requirements and to work with an attorney to ensure that the process is done properly. By taking the steps outlined above, it is possible to set up a guardianship that will ensure the safety and well-being of the ward.

Tinggalkan komentar