McNeely McGuigan & Esmi LLC

Where family matters
856-439-0057
  • Home
  • Our Attorneys
  • Practice Areas
    • Family Law
    • Probate & Estate Administration
    • Guardianships
    • Estate Planning
    • Elder Law
    • Immigration Law
    • Mediation
  • Blawg
  • Contact Us

March 15, 2012 by Rebecca Esmi

When is a Guardian needed?

Several scenarios most commonly call for a Guardianship proceeding including the following:

1. An individual who formerly had capacity but later became incapacitated, and the individual never appointed an attorney in fact in a durable power of attorney (for example, a person who in later years suffers from dementia, but has not executed a durable power of attorney);

2. An individual with a disability is nearing 18 years (for example, a disabled minor child is 17 l/2 years old); or

3. An individual who is a chronic abuser of drugs and/or alcohol.

Guardianship proceedings allow an appointment of a temporary Guardian, while the process is in the works. While this appointment usually lasts 45 days, an extension can be requested. A temporary appointment should be considered so as to minimize gaps in decision-making. N.J.S.A. 3B:12-24.1(c) et seq.

Filed Under: Disabilities and Elder Law, Estate Planning and Estate Administration, Family Law Tagged With: attorney in fact, durable power of attorney, guardian, guardianship, incapacitated, incapacity, Ward

Recent Posts

  • Fiduciary — does this apply to you?
  • Really — is REAL ID coming to New Jersey?
  • The importance of managing stress — especially during the holidays
  • Penny-wise and pound-foolish: costly strategy in estate planning
  • Two year rule waiver option: Hardship

Categories

  • All About Immigration for Investors and Others
  • Business
  • Disabilities and Elder Law
  • Estate Planning and Estate Administration
  • Family Law
  • International
  • Physician Immigration
  • Uncategorized

Free Consultation
for Military Personnel

We accept Visa, MasterCard and Discover.

© McNeely McGuigan & Esmi, LLC.
All Rights Reserved.

Disclaimer

Website by Blue Kite Web Solutions LLC.

Copyright © 2023 McNeely McGuigan Esmi LLC.  All Rights Reserved.  Website by Blue Kite Web Solutions LLC..

Copyright © 2023 · Executive Pro Theme on Genesis Framework · WordPress · Log in