Signs It May Be Time to Consider Guardianship for a Loved One

Certain changes in a loved one’s life can raise questions about whether additional legal support is needed. It’s important to say this clearly upfront: not every challenging situation requires guardianship. In many cases, other tools, such as powers of attorney, trusts, supported decision-making, assisted living, or supported living arrangements, may provide enough structure and protection. Families reach out to us asking about guardianship for many reasons: 

• Maybe an child with developmental disabilities in Rexburg may be nearing adulthood, bringing new questions about decision-making authority.
• A sister in Twin Falls may have experienced a medical event that affects her ability to make consistent choices. What can the family do now?
• Or we might get a call because an aging parent in Idaho Falls is showing signs of confusion that raise real safety concerns.

Again, it’s always important to remember that guardianship is not about taking control unnecessarily. It’s about making sure the right protections are in place when someone cannot legally or practically manage their living situation, medical care, or financial decisions in a way that keeps them safe.

Below are common, real-life situations families across Idaho face when guardianship may be worth considering.

When a Loved One Is Incapacitated

Incapacity can happen suddenly or over time. Families often encounter this after:

• A stroke, traumatic brain injury, or serious illness.
• Advanced dementia or cognitive decline.
• A medical crisis that leaves someone unable to communicate or make decisions.

For example, a spouse in Blackfoot may suddenly need to make medical and financial decisions for a partner who is no longer able to understand or consent. Without legal authority, such as current powers of attorney or an existing trust, even well-meaning family members can hit roadblocks when trying to help.

Guardianship can provide the legal authority needed to manage healthcare, housing, and daily needs when someone is incapacitated. Specifically, guardianship may be needed to obtain long-term residential psychiatric care, as even standard powers of attorney are limited in their authority in this area.

When an Adult Has Developmental or Intellectual Disabilities

‍For families with children in school, turning 18 does not automatically mean support ends. In Idaho, special education services can continue until graduation, which may be as late as age 21. What often changes at 18 is not eligibility for services, but a parent’s automatic role in decision-making. Even though you’ve been caring for them their entire life, you may no longer have the authority to:

• Make medical decisions.
• Access educational or healthcare records.
• Manage benefits or services.

Guardianship can help ensure continuity of care and decision-making, especially when an adult child will continue to need significant support. In some cases, limited guardianship may be appropriate, allowing independence where possible while still providing protection.

It is important to be clear that not every person with developmental or intellectual disabilities needs a guardian. The need for guardianship depends on an individual’s ability to understand the consequences of decisions and their willingness and ability to seek help from trusted people through tools like powers of attorney or supported decision-making.

When Judgment or Memory Affects Safety

Cognitive changes can be especially concerning when they put someone at risk. Common signs include:

• Getting lost while driving familiar roads.
• Trouble understanding instructions or conversations.
• Poor judgment, such as letting strangers into the home or leaving appliances on.

If you see changes that begin to threaten their personal safety, it may be time to determine the level of care needed. While for many people in-home care or assisted living options may be adequate, for others, guardianship may be an appropriate next step.

How Guardianship Works in Idaho

Guardianship in Idaho is handled through the court in the county where your loved one lives. The process generally includes:

• Filing a petition with the court.
• Medical or professional evaluations to assess capacity.
• A court hearing where a judge determines whether guardianship is necessary and who should serve.

This structure is designed to protect the individual while ensuring guardianship is only granted when appropriate.

Support for Families Across Idaho

If you’re asking yourself whether guardianship is necessary, you’re not alone. Families across East, Central, West, and North Idaho face these decisions every day, often while balancing work, caregiving, and long-distance responsibilities.

Speaking with a guardianship attorney can help you understand your options, including whether guardianship makes sense for your situation.

Talk With an Idaho Guardianship Attorney Today for Tomorrow’s Success

If you’re considering guardianship for a loved one who is incapacitated, has developmental disabilities, or is approaching adulthood, Alan R. Harrison Law is here to help. We provide clear guidance, practical advice, and steady support for families navigating difficult transitions. Reach out to start a conversation when you’re ready to talk about your situation and learn more about your options for the future and your family.