Legal Question in Elder Law in New Jersey

how does the only caregiver for an elder parent, and the elder parent successfully apply for and receive legal guardianship for the elder parent in question to protect the elder parent?


Asked on 1/01/10, 12:36 am

1 Answer from Attorneys

Rosemary Simon Hoyle Law, LLC

Guardianship proceedings are filed in the New Jersey Superior Court of the county that the "elder parent" is domiciled. Generally, guardianship is only necessary when the elder parent does not retain capacity to make decisions concerning his/her financial and/or medical affairs and the elder parent did not previously appoint an agent through a power of attorney.

Briefly, in your case, you will be the Petitioner requesting the appointment as your parent's guardian. The application will be filed with the Court. If you choose to retain an attorney, the attorney represents you with your application, not your parent. Your application will also contain the medical certifications from two physicians attesting to your parent's incapacity. The Court appoints an attorney for your parent to investigate your claims and provide recommendations to the Court.

Certainly review my firm's website to read more about guardianship and procedure.

http://www.hoylelaw.com

I hope the above is helpful.

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Answered on 1/06/10, 6:23 am


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