${site.data.firmName}${SEMFirmNameAlt}
Connecticut Phone: 203-661-5222 | New York Phone: 914-397-2400 | Florida Phone: 239-302-2768

Your Leading Estate Planning, Taxation, Real Estate and Trust & Estate Litigation Firm.

ABA American Bar Association NYSBA WCBA Worcester County Bar Association Connecticut Bar Association CTLA ASPPA

Are there any alternatives to guardianship?

Maybe mom has been getting a little forgetful and has stopped paying the bills even though there's money in the account. Or, dad has developed the early signs of dementia and you're concerned that his condition is worsening. Your intentions are good and you mean the best by suggesting that it's time to take guardianship of your elderly parents.

Your parents aren't so enthusiastic about the idea. In fact, they are flat-out against it. Despite all the issues they may have, they are certainly clear-headed enough to understand that having a legal guardian means that they lose autonomy over their own lives.

Are there any other options? Is there a way you can protect your parents and let them still retain some control over their own lives?

There might be. Here are some possible options:

  • You could become their representative payee for Social Security. If your parents have few resources and only receive retirement benefits, becoming their payee can give you control over their finances so that you can ensure the bills are paid and spare money is saved.
  • You can ask for their financial and medical powers of attorney. This will give you the right to handle their financial affairs and make medical decisions on their behalf, if they're agreeable to the idea.
  • A living trust might work. Trusts are often used to protect people of means from falling prey to grifters and shady influencers who might otherwise take advantage of them.

These may not be your only options. If you're an adult child of parents who have developed some difficulties managing their own affairs, talk to an experienced attorney about your options before you decide what step to take next.

No Comments

Leave a comment
Comment Information

Greenwich Office
25 Field Point RD
Greenwich, CT 06830

Phone: 203-661-5222 CT
Fax: 203-661-1197
Greenwich Office Location

White Plains Office
1 North Lexington Avenue
Suite 701
White Plains, NY 10601

Phone: 914-397-2400 NY
Fax: 914-437-6354
Map & Directions

Bridgehampton Office
2317 Montauk Highway
Bridgehampton, NY 11932

Phone: 203-661-5222 CT
Fax: 203-661-1197
Map & Directions

Naples Office
500 Fifth Avenue South
Suite 526
Naples, FL 34102

Phone: 239-302-2768
Fax: 239-325-1813
Map & Directions