Q: How do families typically realize that a loved one may need a legal guardian?
A: In most cases, the need for guardianship does not arise suddenly. It develops quietly over time, as small warning signs begin to appear and slowly become harder to ignore. Families often first notice practical problems such as missed bill payments, unopened mail, or unpaid taxes. These issues may seem out of character and are often explained away at first. Medication routines may also become inconsistent, with prescriptions skipped, taken twice, or taken incorrectly. These changes can be subtle, especially when a loved one appears to be functioning well in daily life.
Financial vulnerability is another common concern, particularly as scam calls, emails, and text messages have become part of everyday life. Many people receive fraudulent calls or messages on a regular basis, and older adults who are experiencing cognitive decline may have an even harder time recognizing when something is not legitimate. Family members may notice unfamiliar withdrawals, unexplained checks, or sudden generosity toward people the loved one does not know. In many situations, families try to help informally by organizing paperwork, paying bills, or going to appointments together, believing that this level of support is enough.
Over time, informal assistance may no longer be sufficient. A triggering event, such as a hospitalization, medical emergency, or communication from a financial institution, often brings the situation into focus. At that point, families may realize that despite their involvement, they do not have the legal authority to act. Without a Durable Power of Attorney or other planning in place, even close family members may be unable to access accounts, pay bills, or manage financial matters.
This stage is particularly difficult because families are often trying to respect a loved one’s independence while also worrying about safety. Cognitive decline rarely follows a straight path, and people may have good days and bad days. By the time legal authority is clearly needed, the individual may no longer be able to sign legal documents, leaving families with limited options and making court involvement difficult to avoid.
Recognizing early warning signs and addressing them early can make a meaningful difference. Planning ahead allows a person to decide who will step in to help with financial matters if assistance is needed in the future, whether through a Durable Power of Attorney, a trust, or a combination of planning tools. These decisions must be made while the person is still able to understand and participate in the process. Guardianship is intended as a last resort, but without advance planning, it may become the only option available.
— Alma Muharemovic, Esq.
Alma Muharemovic, Esq. is an Associate Attorney at Burner Prudenti Law, P.C., focusing her practice on estate planning. Burner Prudenti Law, P.C. serves clients from New York City to the East End of Long Island, with offices located in East Setauket, Westhampton Beach, Manhattan, and East Hampton.