Signs Your Elderly Parent May Need a Legal Guardian

 Posted on April 16, 2025 in Elder Law

It can be heartbreaking to watch your parent’s health decline, especially when their ability to manage daily responsibilities begins to slip. From missed medications, risky financial decisions, or growing confusion about routine tasks, these changes can put his or her well-being at risk. In some instances, seeking legal guardianship may be necessary to protect your loved one’s safety and dignity. An experienced Texas elder law attorney can help you understand your options and guide you through the guardianship process under state law.

Are They Struggling to Make Safe Decisions?

One of the first signs that guardianship may be appropriate is when your parent begins making decisions that jeopardize his or her health, safety, or finances. This may include:

• Forgetting to eat, bathe, or take medications

• Leaving the stove on or wandering from home

• Falling victim to scams or giving away large sums of money

Texas courts may grant guardianship when your parent can no longer care for themselves due to physical or mental limitations. Under Texas Estates Code § 1101.101, a court must find that your parent is incapacitated and that guardianship is the least restrictive way to protect them.

Are Bills Being Ignored or Money Mismanaged?

It is common for elderly adults to need assistance with managing money, but continuous financial trouble could indicate a deeper issue. Watch for warning signs, like:

• Accumulating unpaid bills or utilities being shut off

• Unexplained withdrawals or missing funds

• Confusion over simple financial tasks

A guardian of the estate can be appointed to manage financial affairs when your parent can no longer do so independently.

Is Their Memory or Judgment Declining?

While some forgetfulness is normal with age, serious cognitive decline, such as that seen in Alzheimer’s disease or dementia, can make it impossible for your parent to live alone safely or make informed choices.

If your parent is frequently disoriented, forgets familiar names or places, or becomes paranoid or withdrawn, it may be time to consider whether he or she can continue to live alone without supervision.

Have Doctors or Caregivers Expressed Concern?

Feedback from professionals who interact with your parent regularly can be one of the most reliable indicators that guardianship may be needed. Medical providers, social workers, and in-home caregivers can often identify red flags before family members recognize them.

Texas courts typically require medical evidence of incapacity when evaluating a guardianship petition. A physician’s certificate of medical examination (PCME) is usually required to confirm your parent’s inability to make or communicate responsible decisions.

Are You Facing Resistance When Trying to Help?

If your parent refuses help, resists reasonable safety measures, or becomes combative when you share your concerns, it can be difficult to intervene, especially if you do not have legal authority.

When your parent is unable to recognize his or her own limitations, guardianship may be the only way to guarantee a parent receives the care needed. Texas law prioritizes the least restrictive alternative to guardianship, but when no other options are effective, the court can authorize a trusted family member to act on the parent’s behalf.

Contact a Bexar County, TX Guardianship Attorney

If you are concerned that your elderly parent can no longer make safe or informed decisions, it may be time to explore legal guardianship. A San Antonio, TX elder law attorney can help you evaluate your parent’s situation and present a strong case to the court. Contact The Law Office of Ryan C. Moe, PLLC today at 210-861-6000 to schedule a confidential consultation.