Guardianship

If you were to become disabled due to a serious physical or mental condition, who would have the authority to make important decisions about your medical and financial needs? If you have not assigned this role to someone, a close family member or friend (if one exists and is willing) would have to petition the courts to be named your legal guardian. The petition would involve declaring you unfit or incompetent so that another person could step in and make decisions for you.

The legal guardianship process involves many people: two physicians, two attorneys, the next of kin, and a judge (who doesn’t know you). It can be a rather public affair resulting in unforeseen circumstances. First, your next of kin all receive copies of the petition, which contains a great deal of financial and personal information that you may not want publicized. Then, your next of kin must decide who among them is best suited to serve as your guardian. The court will ultimately mandate testimony in a public proceeding as to who will get “custody” and therefore manage your finances and personal needs.

Guardianships are costly, time consuming, and potentially humiliating if your private information is divulged. Even worse, the least qualified person could end up being appointed on your behalf.

Protect yourself from this situation by assigning a durable power of attorney and either a standby or revocable living trust. By taking control of who will be in charge of your affairs if you become severely disabled, you do not risk a court-appointed stranger making decisions on your behalf.

If you need guidance with a guardianship or custody issue, our attorneys are experts in these fields. Give us a call at 732.756.0600 or click here to contact us now. Our offices are conveniently located in Ocean and Monmouth counties.