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KJL LAW, Lawyer
Category: Family Law
Satisfied Customers: 1624
Experience:  Attorney at law Office of KJLLAW
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I live in NC and my mother lives with my brother in NJ.

Customer Question

I live in NC and my mother lives with my brother in NJ. There is no problem but I would like to get guardianship of my mother because of "one" sister making my mother life hell. My other sister, brother and I are all in agreement for this. Can my mother give me permission to get have this done without the putting her through the grueling doctor visits that will upset her immensely? We are trying not to get her upset over this.
JA: Has anything been filed or reported?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: My mother has short term memory loss. She is very happy where she is but because of one sister causing a lot of disruption we feel this is the best way to go but do not want mom upset over it. Can she just agree to it?
Submitted: 11 months ago.
Category: Family Law
Expert:  KJL LAW replied 11 months ago.

Good morning.

Customer: replied 11 months ago.
Good morning
Customer: replied 11 months ago.
Can you answer my question
Customer: replied 11 months ago.
Are you there?
Expert:  KJL LAW replied 11 months ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

In New Jersey a guardianship for your mother can only be granted by the Superior Court of New Jersey. In order to have you appointed as a guardian, you would have to show that her condition is such that she is unable to effectively manage her affairs. The Court will then issue a judgment determining that she is incapacitated, and will appoint you as a guardian.

There are two scenarios with guardians, one is that the Court will appoint a "guardian of the estate" solely for the management of her financial matters. In such case she will still be free to make his or her own decisions regarding medical and other personal matters.

It is also possible for the Court to appoint a "guardian of the person" for her. That person will have decision-making authority over medical matters and other personal matters, such as where she will live. A guardian who is only "guardian of the person" has no authority over financial matters.

Many times the court appoints two different guardians, but it is up to the judge.

Since you don’t want her to go through the medical evaluation and court process the only other alternative you have is to have her sign a power of attorney over her business and financial affairs. However, a power of attorney document signed under her condition now would have to state that "This Power of Attorney shall be effective regardless of any disability I may suffer in the future".

Otherwise you must file a guardianship proceeding, which is taken very seriously by the Court because once a judgment of disability is entered, the person will lose substantially all of their rights to make their own decisions. The NJ Court system is also very concerned for the well-being of disabled persons.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

Expert:  KJL LAW replied 11 months ago.

If you have any other questions, just ask.

Expert:  KJL LAW replied 11 months ago.

Please let me know if you have any additional questions.