Guardianship Law | New Jersey

Mental or physical incapacity can cause the inability to manage your personal and financial affairs. To protect you, a guardianship action is appropriate. Usually a family member initiates the action. Supporting certifications of two doctors who have personally examined the alleged incapacitated person are necessary. The two doctors must certify that the person is no longer able to govern their own personal and financial affairs. Once a judge declares the person incapacitated, the judge will then decide who to appoint as the guardian of the person and their estate. Often times family members fight over who should be appointed the guardian, leading to a contested guardianship. The best practice is to have an elder law attorney prepare a durable power of attorney and advance health care directive (Living Will) while you have the capacity to name your agent in the event of your incapacity.