Do we need guardianship if Dad can no longer manage his finances?
My father’s memory has declined and he’s been missing bills and falling for phone scams. He never signed a power of attorney. Do we have to go to court?
1 lawyer answer
Guardianship (sometimes called conservatorship for financial matters) is a court process that appoints someone to make decisions for a person who can no longer make them safely. It can be effective, but it is also costly, public, and removes rights from the person, so courts usually prefer less restrictive alternatives where possible.
If your father still has enough capacity to understand what he is signing, he may be able to execute a power of attorney now. Capacity is decision-specific, and a lawyer can assess this, sometimes with a doctor’s input. Other options can include joint accounts with safeguards, representative payee arrangements for certain benefits, or banking alerts.
If he lacks capacity and there is no alternative, guardianship may be necessary. Report any scams to his bank and the relevant authorities promptly.
This is general information, not legal advice — speak to a licensed lawyer about your situation.
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