When you're caring for someone with dementia, you may eventually realize that they're no longer able to make decisions for themselves. While this is a very upsetting situation, you'll want to ensure the best care possible for your loved one. Under such circumstances, your best solution may be to seek guardianship, as this gives you the legal right to make decisions for them.

How Can You Obtain Legal Guardianship of a Loved One?

Determine Competency

The first step in becoming a guardian is to determine your loved one's competency. If they're competent, that means they can make decisions about their care, and they have the mental faculties to understand their actions and consequences. In other words, someone must be displaying more than poor judgment or eccentric behavior to be ruled incompetent.

File a Court Petition

guardianshipOnce a reputable psychiatric evaluation has been performed, you must file a petition with the court. This petition will state your request and include evidence from doctors, friends, and other family members that shows why your loved one needs a guardian.

Pass Court Scrutiny

If the court accepts that your loved one requires guardianship, you must pass scrutiny before being named the guardian. You’ll need to show you have a care plan in place and that you'll provide a safe, dignified living situation. There can be no hint of financial exploitation, and you must show you're willing and able to be a long-term caregiver. 


For help obtaining guardianship of a parent or other loved one, contact The Law Office of J. Baron Groshon in Charlotte, NC. They’ve served clients throughout the region for nearly 30 years, and they also maintain offices in Cornelius, Gastonia, and Concord. In addition to guardianship concerns, they also specialize in estate planning, living wills, and bankruptcy cases. Visit their website to connect with them online or call (704) 342-2876 to request a consultation.