As I previously posted, I have obtained guardianship for hundreds of individuals, primarily in the superior court serving Monmouth, Middlesex, and Ocean counties, New Jersey.
As discussed, obtaining guardianship over a loved one or family member can be a necessity, and our courts have established a procedure for accomplishing this goal.
When a person asks me to represent them in a guardianship proceeding, I am asking the court to appoint my client as the guardian. The person we are asking the court to adjudicated incapacitated is called the incapacitated person or the ward. The first order of business is to have the ward examined by two licensed physicians.
These physicians write reports for me, telling the court why the ward needs a guardian and what deficits–physical, mental, or both–from which the ward suffers. I draft a Verified Complaint and various other document, which, along with the doctors’ reports, will be filed with the the Superior Court of New Jersey in the county in which the ward resides.
After I file the documents, the court sets the matter down for a hearing date and appoints an attorney for the ward. The ward’s attorney, or court-appointed counsel, must visit his client and interview individuals who are familiar with the ward. Eventually, the court-appointed attorney will compose a report of his findings and file his report with the court.
Assuming the doctors and court-appointed counsel agree, my client will typically be appointed as guardian of the ward. Most guardianship cases are uncontested, meaning that neither the ward or other individuals oppose the appointment of a guardian for the ward.
If the matter is opposed, by the ward or another individual, then the guardianship is contested. A contested guardianship can result in a trial before a Superior Court judge. Ultimately, the judge will determine if the ward is an incapacitated individual and, if so, who should be the ward’s guardian.
Sometimes a person becomes unable to manage their financial or personal affairs, and there’s no power of attorney in place to help. When that happens, families may have to turn to the court and request guardianship. The process isn’t always quick or simple, but understanding the basic steps can make it a little less intimidating.