As our parents age, we often find ourselves stepping into new roles - sometimes as caregivers, sometimes as advocates, and sometimes as decision-makers. Often it’s all three.
One of the most important legal steps in ensuring their wellbeing and protecting their rights is establishing guardianship. While the idea can feel daunting or even uncomfortable, it can be an essential safeguard when a parent is no longer able to make decisions in their own best interests.
What Is Guardianship?
Guardianship is a legal process where a court appoints an individual - usually a close family member - to make decisions on behalf of someone who is incapacitated or unable to manage their personal, medical, or financial affairs. This can cover:
- Healthcare decisions (medical treatments, living arrangements, end-of-life care)
- Financial management (paying bills, managing assets, budgeting)
- Personal welfare (daily needs, safety, and quality of life)
Unlike a power of attorney, which is granted voluntarily by the person while they still have mental capacity, guardianship is appointed by the court when capacity has already diminished.
When Might Guardianship Be Needed?
Some situations where guardianship becomes necessary include:
- Dementia or Alzheimer’s disease progression
- Severe stroke or brain injury
- Serious mental illness impacting judgment
- Sudden decline in health without prior legal planning
If your parent is making unsafe financial choices, neglecting their healthcare needs, or showing signs of severe confusion, guardianship may be the most effective way to ensure they are protected.
The Process of Setting Up Guardianship
Applying for guardianship is not as simple as filling out a form. It typically involves:
- Filing a petition with the court.
- Medical evidence or assessments confirming incapacity.
- Court hearings to determine necessity and suitability.
- Ongoing reporting to the court to ensure accountability.
Because it’s a formal legal process, having professional guidance can make all the difference - both in navigating complex paperwork and ensuring you meet all legal requirements.
How Savigny Consulting Can Help
At Savigny Consulting, we understand that pursuing guardianship for your parent is not just a legal matter - it’s an emotional one. Our team specialises in helping families set up guardianship arrangements that are both legally sound and sensitive to family dynamics.
We can help you:
- Understand the different types of guardianship (full, limited, emergency).
- Prepare the necessary documentation and medical evidence.
- Represent your interests in court proceedings.
- Ensure you meet ongoing reporting obligations as a guardian.
Our approach is compassionate, clear, and practical - so you can focus on caring for your loved one without getting lost in legal jargon.
Taking the Next Step
Guardianship is about more than legal authority - it’s about protecting your parent’s dignity, safety, and quality of life. If you believe your parent needs this protection, don’t wait until a crisis makes the process more complicated.
Savigny Consulting is here to guide you every step of the way, offering expert legal support tailored to your family’s needs. Reach out today and let us help you put the right protections in place for the people who once protected you.