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 decisions.  The person appointed guardian has to have no criminal record and be over the age of eighteen.  The guardian is not appointed until the court has determined that the elderly person is incompetent.

If a family member feels that their elderly relative is incompetent to make sound decisions, they could hire an elder lawyer in Red Bank to represent them in court to get them appointed guardian.  The attorney will file a petition requesting the appointment of a guardian.  The next step is the court will grant a hearing to determine if the elderly relative is incompetent and determine who will serve as their guardian.  At the hearing the judge will hear about the nature of the disability and how it has influenced their capacity to make reasonable decisions.  The judge may also appoint a person to evaluate the elderly relative and then will testify about their physical state, social skills, and mental conditions.  Once the judge has all this information, they will make the decision about whether to appoint a guardian or not.  These proceedings can take as long as three months or more before a final decision is made.

This article is penned by Lora Davis for Mills Elder Law. For assistance from an experienced elder law attorney new jersey or elder law attorney toms river call 732-784-2846 today!