There are certain scenarios in which the courts may limit an adult’s legal authority. Concerns about an adult’s cognitive capabilities could result in the courts appointing a conservator or guardian to manage that person’s affairs.
Older adults frequently reject the idea that they should give up their legal autonomy and rely on the support of others. The people in their inner circle may also challenge the suggestion that they require a guardian or conservator. Litigation is typically necessary to secure a conservatorship or guardianship over a vulnerable adult.
What evidence do people need to convince the courts that a guardianship is necessary?
Medical records
Frequently, medical documentation is the cornerstone of a guardianship or conservatorship case. In most cases, a licensed physician must affirm that the individual is not capable of making informed decisions. Proof that a doctor diagnosed an older adult with dementia and records of extensive evaluations where an individual’s confusion and compromised cognitive functions were readily apparent can support the claim that outside support is necessary.
Financial records
Especially in cases where concerned individuals pursue conservatorships, proof of financial mismanagement is helpful. Squandered resources, unpaid bills and documentation of an older adult falling victim to fraud can all help convince the courts that they may not be capable of managing their resources independently anymore.
Witness testimony
Family members, caregivers and even neighbors may be able to testify about an individual’s erratic or illogical behavior. Their concerns can reinforce medical reports and financial records.
Concerned families and caregivers often need assistance gathering sufficient evidence to pursue guardianship or conservatorship. Reviewing a loved one’s challenges with a skilled legal team can help people secure the authority necessary to provide practical support.
