Guardianship

Haddon Heights and Lawrenceville Guardianship Attorneys

At the law firm of Sharp Bratton in Haddon Heights and Lawrenceville, our lawyers help the adult children of aging parents obtain the legal authority they need to make decisions involving their parents' care. We also help the parents of children with special needs obtain similar authority once their children become adults.

The process to obtain legal authority to make financial and health care decisions for another person is called a guardianship proceeding. It is needed if the person who needs assistance did not and cannot designate a power of attorney.

A guardianship is a protective arrangement and involves a legal process by which a person obtains decision-making authority for another person from a court with probate jurisdiction. The proposed ward must first be found to be incapacitated. However, mere physical incapacity is not enough to permit the creation of a guardianship. By law, an incapacitated person is someone who is:

• A minor
• An adult who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter for himself or herself, to care for his or her physical health, or to manage his or her financial affairs

To commence a guardianship proceeding, our lawyers will file a verified complaint, accompanied by certifications from two physicians, an affidavit as to assets in the estate, and an order to show cause. Next, a date for a guardianship hearing will be scheduled with the probate court. The court will assign an independent attorney to represent the interests of the person who is alleged to be incapacitated. Notices will be sent to interested family members by certified and regular mail. The individual who is alleged to be incapacitated will be served personally.

The expense and delay of guardianship proceeding is not necessary if a person can sign a power of attorney. There is misconception that someone who has an age-related disease such as Alzheimer's automatically cannot sign a power of attorney. This is not the case. A special needs adult can also have the capacity to sign a power of attorney, even if they do not have capacity to engage in complex financial transactions.

Our lawyers can help make a determination whether your loved one has the legal capacity to sign a power of attorney and bring in outside medical experts if necessary. If the person cannot, our lawyers will guide you through the guardianship process until a judgment of guardianship is entered and you are sworn in as the person's guardian.

Our lawyers can also assist you in resolving any family conflicts related to the guardianship proceeding. Our lawyers are ready, willing, and able to be tough and aggressive advocates on your behalf in a court setting or outside of court if need be. We always prefer to take the least contentious route possible in order to preserve family relationships.

For more information, or to schedule a guardianship consultation, contact a New Jersey Accredited Estate Planner at Sharp Bratton in Haddon Heights or Lawrenceville.