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CONTACT US
GUARDIANSHIP
Are you stuck because your loved one doesn't have a power of attorney and now needs help with decision making? Are you having trouble dealing with banks and financial institutions on behalf of an incapacitated loved one? Are you unable to obtain medical information relating to your loved one? Is your confused loved one unsafe living at home but refusing to move into a long-term care facility? Are you hitting roadblocks while trying to assist a loved one who has dementia, Alzheimer's disease, developmental disability or other cognitive impairment? Is your cognitively disabled child turning eighteen and are you being told you can no longer manage her affairs?
If these questions concern you then your loved one may need a Guardian.
Guardianship Overview
If an individual lacks the mental capacity to make decisions regarding his medical care, finances or general well-being, then a guardianship may be necessary. Guardianships are usually needed when someone who lacks mental capacity did not or could not previously prepare a legal document appointing a fiduciary (such as a power of attorney or advanced directive with a health care proxy). The attorneys at Price & Price have filed many guardianship applications and thoroughly understand the process. Contact Price & Price to schedule a consultation to discuss the guardianship process and how we can help you determine whether a guardianship is appropriate for your loved one.
Contested Guardianships
Sometimes the guardianship process is complicated by a loved one who doesn't think they need to have a Guardian appointed or another person who believes they are the most appropriate person to serve as the Guardian. When a guardianship is contested the process can be confusing, difficult and time-consuming. The attorneys at Price & Price have assisted many clients in contested guardianships and understand the complicated issues that exist in these situations. Contact us to schedule a consultation to discuss how we can help navigate a guardianship you think might be contested or that you might want to contest.
Guardianship or Conservatorship
In New Jersey the process of having the court appoint an individual to represent a mentally incapacitated person is called guardianship. In some other states the process is called conservatorship. New Jersey has a conservatorship process but it is different than what is being discussed here. If the questions listed above relate to your situation then, at least in New Jersey, a guardianship might be the answer. The attorneys at Price & Price can address this issue when they meet with you to discuss the guardianship process.
A Brief Summary of the Guardianship Process
Here is a summary of the steps we take in the guardianship process:
- Meet with clients to discuss whether a guardianship is appropriate for their loved one.
- Review and evaluate necessary personal and financial documentation.
- Obtain required medical examinations of the incapacitated individual.
- Prepare and file an application for guardianship with the court.
- Assist client with the steps required by the court while the guardianship application is pending.
- Attend the hearing scheduled by the court.
- After the Guardian is appointed, help client manage statutory responsibilities as the Guardian of their loved one.
The court appoints a guardian when it is in the best interest of a mentally incapacitated individual. Our attorneys have completed many successful guardianship applications. Each guardianship situation is different because every family dynamic is unique. Some guardianships cases are straightforward and the guardianship is easily obtained while others can be extremely complicated and require significant effort to arrive at a resolution. Either way, Price & Price can help you navigate the guardianship process in an effort to obtain a result that will benefit your loved one. Contact us to schedule a consultation to discuss the guardianship process as it applies to your loved one's situation.
SNIPPET:
Many people don't realize that having a Guardian appointed for their loved one may be the solution to their problems.