Legal Question in Elder Law in New Jersey

Obtaining Guardianship of my Mother

My mother is in a nursing home and unable to give me a power of attorney. I have a notorized document from 1998, but the home is unsure if they will be able to accept that.

To ensure that my mother's care is carried out in the way we had wanted it, I would like to obtain legal control of her. I am her only child.


Asked on 5/21/03, 9:32 am

1 Answer from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Obtaining Guardianship of my Mother

I'm not sure what the 1998 document is. If it is a power of attorney, it should still be valid and accepted by the nursing home. If it is not a power of attorney, and your mother is now incapacitated, you may want to become her guardian.

This requires a court appointment, but assuming your mother is now incapaitated and if you are the only child and are willing to act as guardian, having you appointded should not be too difficult. You will need an attorney to help with the guardianship.

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Answered on 5/21/03, 10:00 am


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