Can I Get Guardianship if My Parent Has Dementia?

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By Matt Carucci
May 11, 2026 11:14 AM

Can I Get Guardianship if My Parent Has Dementia?

Yes. In many cases, adult guardianship is pursued specifically because a parent or grandparent has developed dementia.

The better outcome is always for someone to plan ahead while they still can. If an older adult signs a power of attorney and healthcare directive before dementia progresses too far, those documents may give a trusted person the authority to step in and help. But that does not always happen. Sometimes no planning documents were signed. Other times, the decline has already reached the point where the person can no longer safely make decisions or handle important matters on their own. That is when guardianship becomes necessary.

A guardianship petition allows a family member to ask the Court for permission to care for both the person and their finances. In practical terms, that may mean making sure the parent is living in the right setting, whether that is at home with support, with family, in a nursing home, or in a memory care unit. It may also mean protecting their money, paying bills, handling benefits, and preventing financial or physical harm.

For many families, the hardest part is realizing that concern alone is not enough. You may know your parent needs help. You may already be the one doing the driving, checking in, or trying to keep things together. But when dementia progresses, there often comes a point when legal authority matters just as much as family involvement.

That does not mean every memory issue calls for guardianship. But when a parent can no longer understand decisions, protect themselves, or manage daily life safely, guardianship may be the step that allows you to act on their behalf.

If your parent has dementia and this sounds like your situation, it may be time to look at whether guardianship is the right next step. I can help you understand what legal authority may be needed, whether other documents are already in place, and what the process may involve for your family.

Further Reading

Can Family Members Disagree About Who Should Be Guardian?

Jun 10, 2026
Yes. Learn how Delaware courts handle contested guardianship cases when family members disagree about who should serve as guardian.

What Happens at a Delaware Guardianship Hearing?

Jun 02, 2026
Learn what to expect at a Delaware guardianship hearing, including the difference between contested and uncontested cases.

What Evidence or Documentation Do I Need to Start a Guardianship Case?

May 28, 2026
Learn what evidence and documents may be needed to start an adult guardianship case in Delaware, from petitions and doctor opinions to family consents.