How Can I Know If My Parent Needs a Guardian?

 Posted on February 24, 2025 in Guardianship

Many adult children want to respect their parents’ independence for as long as possible but may also worry about their safety and well-being. You may not want to interfere – and indeed, your parent may resent you for trying to do so – but watching a parent struggle with daily tasks or decision-making can be heartbreaking.

In Florida, guardianship is a legal process that allows someone to make decisions on behalf of an adult who can no longer manage their own affairs when powers of attorney or other options are not viable for one reason or another. However, guardianship is a serious step, and it is important to recognize when it may be necessary. Our Florida guardianship attorneys are here to gently guide you as you think about this process and decide what to do next.

Understanding Guardianship for Aging Parents 

Florida law allows for adult guardianship when a person is no longer able to make safe or sound decisions due to cognitive decline, physical limitations, or mental incapacity. A court can appoint a guardian after determining that a person lacks the ability to care for themselves or manage their property. However, before pursuing guardianship, families must carefully assess whether a parent truly needs this level of intervention.

Signs It May Be Time to Consider Guardianship for Your Parent

Every family situation is unique, but certain red flags may indicate that a parent is no longer capable of making informed decisions. Here are some of the most common warning signs that guardianship may be necessary:

Severe Memory Loss and Cognitive Decline

Occasional forgetfulness is common with aging, but frequent lapses in memory, confusion, or an inability to recognize familiar people and places may indicate Alzheimer’s disease, dementia, or another serious cognitive impairment. If your parent shows the following symptoms, they may need more oversight to keep them safe:

• Repeatedly forgets to take medication or overdoses by mistake

• Gets lost while driving or walking in familiar areas

• Struggles to manage finances and falls victim to scams

• Cannot recall recent events or conversations

Neglecting Personal Hygiene and Health

A decline in personal hygiene, such as wearing soiled clothes, failing to bathe, or skipping meals, can indicate that a parent is struggling to care for themselves. Physical signs of malnutrition, dehydration, or unaddressed medical conditions may also signal that they are no longer making responsible health decisions.

Not Paying Bills or Falling for Scams

Many aging adults have difficulty keeping up with financial responsibilities. Missed bill payments, large unexplained withdrawals, or falling prey to financial scams more than once may indicate that a parent is struggling to manage their affairs.

Unsafe Living Conditions or Hoarding 

A parent’s home environment can provide important clues about their ability to function independently. If you notice excessive clutter, spoiled food, unpaid bills piling up, or unsafe conditions like broken appliances or a lack of running water, it may be time to intervene. Hoarding can also become a problem, leading to fire hazards, infestations, or unsafe living conditions.

Increased Risk of Physical Harm

Falling, forgetting that stove burners are on, or wandering outside in dangerous conditions can put an aging parent at risk of serious injury. If your parent has been hospitalized due to falls or other accidents, it may indicate that they need greater supervision.

The Ethical and Legal Considerations of Guardianship for an Aging Parent

Choosing to pursue guardianship is not an easy decision. Many adult children feel guilty about taking legal control over their parents’ affairs, even when it is in their best interests. In some cases, a power of attorney (POA) or healthcare surrogate designation may be enough to help a parent manage their affairs without full guardianship. An attorney can help you explore these alternatives before initiating a guardianship petition.

Protect Your Family With Legal Guidance From Our Miami, FL Family Lawyers

At Miami Family Law Group, PLLC, we understand that guardianship is not just a legal process — it is a deeply personal and emotional decision. Whether you need guidance on exploring alternatives, filing for guardianship, or connecting with medical and financial professionals, our Miami, FL parental guardianship attorneys are here to help. Call us today at 305-520-7874.