Bercik Law Blog

ADULT GUARDIANSHIP – HOW IS A GUARDIAN APPOINTED FOR A PARENT WITH DEMENTIA?

ADULT GUARDIANSHIP – STARTING THE PROCESS

The person seeking the appointment of a guardianship files a petition with the probate court where the incapacitated person lives.

The petition usually includes medical affidavits and sworn statements from medical professionals about the person’s incapacity, and identifies the person who wishes to be named guardian. The precise procedure varies lightly from county to county, but the typical process follows a standard format.

ADULT GUARDIANSHIP – COURT PROCEDURE

The person seeking to be guardian must provide proof of their ability as a competent guardian. The court appoints the alleged incapacitated person their own attorney to provide a report to the court. If the allegedly incapacitated person contests the appointment of a guardian, a trial is scheduled during which sworn testimony will be given, and at the conclusion of which the judge will decide if a guardian should be appointed or not.

ADULT GUARDIANSHIP – CHOOSING THE RIGHT GUARDIAN

The Alzheimer’s Foundation notes; “The court scrutinizes all of the actions of the guardian, including the management of the individual’s personal financial affairs, and decisions regarding medical treatments and long-term care.” If the family members dispute which person should be appointed guardian, the court will hold a hearing to decide what appointment is in the best interest of the incapacitated person.

If a guardian is appointed, the judge will issue a court order directing the county surrogate to issue the guardian legal documents allowing the guardian to act on behalf of the incapacitated person.

ADULT GUARDIANSHIP – Your Questions

Do you have more questions about Adult Guardianship?  Please call us at 732-483-6300.  We’ll be glad to answer your questions and discuss the details of your adult guardianship.

 

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