How Do I Begin The Process Of Being Appointed A Guardian?
Becoming a guardian is a long and tedious process. The first thing you have to do is file a verified complaint. A verified complaint is just a complaint where you swear to all the elements in the complaint. It will include the name, age, and address of the person with the alleged mental incapacity, along with whether they have a spouse. It will name your relationship to that person and the person’s relatives who might be a person of interest. Most importantly, you must attach to the complaint affidavits by two physicians, who have examined the incapacitated person within the 30 days before you file the complaint.
The physicians’ affidavits must specifically say that they’re not related to the person and how they came to this do this evaluation. They must provide their prognosis, their physical description, and the person’s information, including sex, weight, and height. They must list the extent to which the alleged incapacitated person has retained sufficient capacity to retain the right to manage specific life areas, such as residential, educational, medical, legal, vocational, or financial decisions.
You also must attach renunciations. A renunciation is where you served all the correct people. Maybe none of them want to be the guardian and are perfectly happy to let the person applying for the guardianship do it. Maybe they wish to step in to be named the guardian. Once you get to court, your first court date is going to be for the court to appoint an attorney for the alleged incapacitated person. They will serve as the court’s eyes and ears and have the responsibility of speaking with the alleged incapacitated to see what their assessment of the person is. He or she will speak with the two physicians who wrote the evaluations and look at the medical history. They can talk to social workers or do anything else they think they need to do to be able to make a report to the court, so the judge will have full information upon which to base a decision about guardianship.
After the report is given to the court, the judge makes a decision based on that and any testimony that is relevant to the situation. The other certification you have to provide to the court is an affidavit of the assets of the person.
How Long Does It Take To Get A Guardianship Approved In New Jersey?
How long a guardianship case takes depends on whether it is contested or uncontested. They can be fairly complex, but most are not and can be done within six months. It also depends on the size of the assets and the level of incapacity.
For more information on Process Of Being Appointed A Guardian, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (973) 869-5444 today.
Call Now For An Evaluation Of Your Case