Guardianship

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Guardianship should only be done as a last resort as it takes away an individual's rights.

There are often sensible options to guardianship if the family members can reach agreement. 

When an individual's physical health, mental health, disability or age becomes so incapacitating that the person can no longer care for their own daily activities, finances or decisions, the usual course is to fall back on the family first.

If the family and the individual cannot recognize that there is a problem or work out how to deal with it, families historically have resorted to the Court which will often appoint a guardian outside the family. 

Adult guardianship is the process of legally giving care and control of an adult to another person or group of people, to enable the alleged incapacitated person to meet his or her basic social, legal and physical needs.  This is one of the strongest legal interventions that can be done to a person, and should be done only when absolutely necessary and with great care.

While an appointment of an outside legal guardian resolves the legal responsibility and authority for decision-making, it often leaves concerned family members feeling angry and excluded.

Mediation offers the family a way to identify the issues and explore the options without the cost and formality of litigation.  Mediation can help all the concerned parties, including the alleged incapacitated person, express their needs and concerns, and create solutions that uniquely fit the particular circumstances.

If there is trust among the family members, they can often work out how best to help the senior member of the family without resorting to legal processes.  Power of Attorney or limited guardianship can also be used if a more formal method is needed.  Most importantly, though, is getting the family to agree what the best course of action is for their family.