If you’re caring for a parent with dementia, a child with Intellectual and Developmental Disabilities (IDD) or a loved one affected by a brain injury from a stroke or traumatic event (TBI), you may find yourself facing difficult decisions about their care.
When someone can no longer manage their medical, financial or daily living needs, and their safety is at risk, guardianship may be necessary to ensure they receive appropriate support. In these cases, healthcare professionals play a critical role in the guardianship process.
To establish legal guardianship clear medical documentation showing the individual’s cognitive or physical limitations, a formal diagnosis and the prognosis of their condition—whether it is likely to improve, remain stable or decline is required. Often, a primary care physician can provide this documentation. However, in more complex situations, a specialist may be required.
For example, a neurologist or geriatric psychiatrist might be consulted to assess the effects of dementia or a brain injury, while a psychologist with experience in developmental disabilities may evaluate someone with IDD. These professionals conduct in-depth assessments to identify the specific areas where the individual struggles—such as managing medications, understanding financial matters or ensuring their own safety.
Beyond their role in the legal process, healthcare providers are often among the first to recognize when a person can no longer make sound decisions on their own. They can connect families with resources, services and support systems to help navigate the emotional and legal complexities of guardianship.
Their expertise is invaluable during a time that is often filled with uncertainty and grief, particularly when it involves aging parents, formerly independent family members, and those family members with IDD.
Attorney Mandy Williams is an attorney at Hammerle Morris Law Firm, a boutique law firm offering services in estate planning, probate, guardianship, business law, litigation, and real estate. Contact her at (972) 436-9300. This article does not constitute as legal advice.
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