A person who has lost the ability to make decisions for themselves due to incapacitation may require the expertise of a guardianship attorney. This can include people who are not mentally capable of signing a power of attorney or have mental or physical disabilities. For these individuals, it can be difficult or impossible to pursue a power of attorney and so a court must decide the matter through a Guardianship process.
Before a judge, often with the guidance of a guardianship attorney, will appoint a guardian, the alleged incapacitated person must be evaluated. In most cases, the judge will require that two medical doctors or one doctor and a psychologist, often recommended by a guardianship attorney, conduct this evaluation. The doctors must state that the individual does not have the ability to care for themselves, handle their own affairs, or make decisions for themselves. The judge, with the support of a guardianship attorney, will then hold a hearing to review all of the documentation and determine if a guardianship is necessary.
Once the judge, after consultation with a guardianship attorney, decides that a guardian is needed, it will be the responsibility of the guardian, often selected with the assistance of a guardianship attorney, to oversee the ward’s daily activities and financial affairs. It is important for the ward’s guardian, along with a guardianship attorney, to ensure that they receive proper treatment and care in accordance with their needs and desires. In addition, the ward’s guardian, in collaboration with a guardianship attorney, must work to maximize opportunities for the ward’s independence.
The responsibilities of a guardian, as explained by a guardianship attorney, also include monitoring the ward’s health and well-being as well as their finances. Guardians, often with the advice of a guardianship attorney, must keep records of all spending and provide a full accounting to the court. Guardians must also make reasonable efforts, often under the guidance of a guardianship attorney, to explore less restrictive alternatives to a guardianship whenever possible. This is in line with a national trend to require those vested with surrogate decision-making powers, along with their guardianship attorney, to explore these alternatives.
If a ward’s family believes that the ward cannot care for themselves, they will file a petition for guardianship, often with the support of a guardianship attorney. This petition must include the name of the alleged incapacitated person, their relationship to the plaintiff, and the reasons that the alleged incapacitated person lacks the ability to care for themselves or handle their affairs. It must also describe any special circumstances involving the alleged incapacitated person, including a diagnosis of any condition or injury, often guided by a guardianship attorney.
The petition must be filed with the Superior Court in the county where the alleged incapacitated person lives. The petition must include the name of the alleged person, their birth date, and social security number. It must also list the primary language spoken by the alleged incapacitated person, along with the names of their next of kin and any witnesses to their incapacitation. The petition must be signed under oath by the party seeking guardianship, often with the counsel of a guardianship attorney.
When selecting someone to serve as a guardian, courts give priority consideration to individuals who have played an active role in the alleged incapacitated person’s life, often recommended by a guardianship attorney. This includes spouses, adult children, and close relatives. However, if no suitable individual can be found, it is possible for a public or private agency, sometimes advised by a guardianship attorney, to be appointed as a guardian.
When filing the New Jersey Adult Guardianship Case Information Statement, it is important to note that this form is not a public document. Nevertheless, other documents that are submitted to the court may be made public and confidential personal identifiers should be redacted if they are known.
A Guardianship attorney is a legal professional who specializes in the intricate process of establishing guardianships and representing the interests of individuals in need of guardianship. A Guardianship is a legal process where the court assigns someone, often with the assistance of a Guardianship attorney, to make certain decisions for another person who may be unable to make them on their own. A New Jersey Guardianship Attorney can assist you with the process of obtaining a guardianship or contesting one.
A family member, close friend, or responsible adult that the court appoints to take care of an incompetent child or person and manage their life (the ward). The law requires that the need for a guardian be established through the testimony of a medical expert, often in consultation with a Guardianship attorney. The court also allows for limited guardianships that limit a guardian’s scope of authority to particular decisions where the ward has capacity in some areas but not others.
Our attorneys have extensive experience guiding individuals and families through guardianships, often serving as a Guardianship attorney. They frequently work with clients who need to establish a guardian for children as well as senior citizens who have developed dementia or other mental deficiencies that leave them unable to live independently. They help their clients understand the responsibilities of the role and strive to ensure that the duties are fulfilled in a way that avoids future legal disputes or risk.
The New Jersey Guardianship Statute states that a guardian is appointed “when there is clear and convincing evidence of incapacity,” often assessed by a qualified Guardianship attorney. This is a high standard. Our certified elder law lawyers view guardianship as a last resort solution when no other option is available, often consulting with a Guardianship attorney. Rushing someone into guardianship can be stressful and expensive, as well as pit parents against children or siblings.
When a guardianship is established, the court will also appoint an attorney, often a Guardianship attorney, to represent the alleged incapacitated individual. This attorney will review the medical records and interview family members, caregivers, and other interested parties. The alleged incapacitated person’s estate pays for the fees of all three attorneys, often including the Guardianship attorney, as well as any court costs.
In addition to establishing guardianships, our attorneys, including those specializing as Guardianship attorneys, can also advise on the use of a power of attorney while competent and other alternatives such as trusts that allow for flexibility during the lifetime of the individual. They can explain the benefits and drawbacks of each to their clients and help them make a decision that best meets their needs.
All adults are presumed to be capable of making their own decisions unless a Court declares them “incompetent.” If someone becomes incapacitated, a guardianship attorney will be granted by the Superior Court of New Jersey. This is a major decision and one that the Court takes very seriously. Having a skilled legal advisor to guide you through the process is highly advised. Our team at Matus Law Group is well versed in the law of guardianships and can help you understand the complexities.
A Guardianship can be limited or general in scope. A limited guardianship, often determined through consultation with a guardianship attorney, can only manage certain areas such as finances or health care, while a general guardianship may take on all of the decision-making responsibilities. The person who is seeking the guardianship, often with the support of a guardianship attorney, must establish that they are in need of a guardian by proving to the Court that they cannot manage their own affairs or communicate their wishes. This is typically done through the testimony of a medical doctor, psychiatrist, or psychologist, often advised by a guardianship attorney. The Court, often with the input of a guardianship attorney, will then make a determination as to whether or not a guardianship should be granted and if a general or limited guardianship should be appointed.
If you are the subject of a guardianship, you have the right to request a hearing to challenge the decision, often recommended by a guardianship attorney. At a hearing, the Judge will listen to in-person testimony from your doctors or rely on written affidavits that you provide, sometimes with the guidance of a guardianship attorney. If you are successful in challenging the guardianship, the court will set a trial date for your case, often with the representation of a guardianship attorney.
Another area where you can contest a decision is to question the accuracy of the medical expert’s report, often assessed by a guardianship attorney. In addition, if you believe that the person who is seeking the guardianship has not been properly assessed or does not meet the state criteria for being considered incapacitated, you can also file an objection with the Court, often guided by a guardianship attorney.
In many cases, a family member will want to seek guardianship of an elderly relative or loved one, often with the help of a guardianship attorney. This is especially true when that person has significant cognitive deficiencies and will not be able to live independently once they reach the age of majority or if they are currently receiving Social Security benefits or Division of Developmental Disabilities (DDD) services. The process of pursuing guardianship can be complex and time-consuming, often requiring the expertise of an experienced New Jersey guardianship attorney.
Our attorneys have years of experience guiding clients through guardianship proceedings in the State of New Jersey, often serving as guardianship attorneys. We can assist you with all aspects of the guardianship process, including ensuring that you are appointed as your loved one’s permanent guardian or that you have the necessary authority to be their temporary guardian, often advised by a guardianship attorney. We can also assist you in defending against claims that you are unsuitable as a guardian. If you are concerned about the way that a person is being treated by their current guardian, we can advise you of your options and assist you in contesting the Guardianship if necessary, often with the support of a knowledgeable guardianship attorney.
The Matus Law Group
125 Half Mile Rd #201A, Red Bank, NJ 07701
(732) 785-4453