There is no way around it; we all age and will likely make it to our elderly years. Thus, it is important to consider ways to protect yourself, as the unexpected could happen at any age. And if a person in New York is no longer able to make decisions on their own due to incapacitation or any other reason, it is vital to have certain documents in place to protect yourself and outline your wishes.
For many older adults, retaining their independent mobility and living status is a source of personal pride. However, there are many situations in which an older loved one may want to remain on their own but is clearly no longer capable of doing so. When that happens, family members may find themselves in the difficult position of needing to intervene.
Very few New Yorkers expect to be put in a position where they have to be responsible for the care of a loved one. Yet, quite often, an elderly loved one, or one who is simply incapacitated, becomes unable to care for him or herself. When this happens, it may be necessary for an individual to seek guardianship of their loved one. Doing so can instill an individual with certain legal rights that allow them to ensure that the guardian and his or her property is adequately protected.
The future often seems so far away that many individuals fail to adequately prepare for it until it is too late. While this procrastination certainly includes retirement and estate planning, it also includes care planning. Those who fail to adequately prepare for their future care may wind up facing financial hardship, a difficulty that can be unfairly thrust upon their loved ones. In other instances, a failure to take action could result in action or inaction that goes against one's wishes.
Aging can take a toll on us. Not just on our physical abilities but also on our mental capabilities. This can render day-to-day living extremely difficult, making dealing with healthcare and financial issues impossible. When an individual is unable to make these decisions for him or herself, it may be time to consider an adult guardianship.
If you have a loved one who has suddenly become too ill to make decisions for him- or herself, you may need to seek guardianship powers to make decisions for him or her. New York law allows for children and other close family members of incapacitated persons to apply for guardianship to ensure that their loved one is appropriately cared for.
Previously, this blog discussed the basic rights that are enacted when a guardianship is put into place. Such a legal arrangement can be beneficial in many circumstances, especially when an elderly individual is unable to make decisions on his or her own. These guardians can help handle medical, educational and financial matters.
There are many reasons why someone may find themselves in a situation in which they can no longer make decisions for themselves. Whether that's physical or mental challenges such as multiple sclerosis, Lou Gehrigs disease, Alzheimers, senility, dementia and the like, there are a variety of reasons why it may be necessary to designate a guardian for someone. These can be personal or financial, too, such as when a person becomes a victim of elder abuse or perhaps financial affairs necessitate the protections of guardianship.
Illnesses and injuries can rob otherwise healthy New Yorkers of their ability to care for themselves. Not only can an accident or other life-altering event prevent a person from being able to manage their physical well-being but such an occurrence can also preclude such a person from taking care of their financial and legal responsibilities.
If you have fond memories of your loved one caring for you as a child, you may be struggling with watching them grow older, more fragile. Seeing a parent decline in health and mental capacity can be upsetting and concerning, and sometimes it means you have to make difficult decisions.