You may think that custody is only an issue for parents battling over who will provide care for children after a divorce. When it comes to elder care, however, custody can be a very real issue. Often referred to as guardianship, custody of the elderly is about making sure that that senior is protected, and that the right decisions are being made regarding his ongoing care.

If you are providing elder care for your aging loved one, and you have noticed that he is no longer capable of making rational decisions regarding medical concerns, financial situations or other important issues, it may be time for you to start considering legal guardianship. Gaining guardianship over an elderly loved one means having the legal ability to make financial decisions, decisions regarding elderly health care and other decisions that would otherwise require that senior to make the decision himself. This is an extremely important concept, particularly for seniors whose cognitive abilities worsen rapidly, or for those who do not have a living will, also referred to as a medical directive, or a Power of Attorney in place.

Establishing guardianship can also be extremely helpful in situations in which several members of a family disagree as to the elderly health care or financial decisions that are being made for a senior. Obtaining legal custody of your elderly loved one will and sure that you are able to make these decisions for your loved one, and that no one else will be able to fight you or make decisions that you know your loved one would disagree with. Be prepared, however, for a difficult road in obtaining guardianship if there is dissension in your family as to who should have this guardianship. A person must prove that a senior is incompetence, and that he is the best person to be that senior’s guardian in order to obtain legal guardianship. This was all be done through the court system, and it is important that you seek out a skilled elder law attorney to be your representative throughout the process. Just know when you’re feeling overwhelmed, that obtaining guardianship over your elderly loved one is about ensuring that he is healthy, happy and safe. This is worth the process, and you will feel greatly relieved when you finally know that you can protect your loved one.

For more information about how the caregivers at La Jolla Nurses Homecare can help your aging parents , call (858)454-9399. We are an elder care agency providing quality and affordable elder care in La Costa CA, and the surrounding communities.