When an elderly person becomes incapacitated and can no longer make decisions on their own the family may seek an elder law attorney in Red Bank to assist with a guardianship .  Without a Durable Power of Attorney and Health Care Power of Attorney in place, they will be unable to appoint who they want to make their financial and health decisions for them if they cannot.  If they do not have an advance directive and they become incapacitated the court will appoint someone to be their legal guardian.  This creates an elderly guardianship.  The guardian may be limited in what areas they have control over.  There can be a guardianship over the person, the estate (their financial matters) or both.

Generally, the guardian will be a friend or family member but if they do not want to become the legal guardian the court can appoint a private or public agency or elder care attorney in Toms River, especially when dealing with the financial and health care decis ... Read more »