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McCurrie McCurrie
& McCurrie, L.L.C.

680 Kearny Avenue
Kearny, NJ 07032-3010
Phone: (201) 467-4180
Fax: (201) 997-9567
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How can I apply for guardianship of a person in New Jersey?

New Jersey law contains a great deal of legal language about appointing a guardianship in our state, much of which sounds to the layman like elements of litigation. The first thing to understand is that the rules are worded the way they are to help the courts decide the matter as efficiently as possible and to make sure the person actually needs a guardian. With that said, here are some basic initial steps to take if you are interested in assuming guardianship over a loved one.

The courts will want to know why you are requesting the guardianship, so you must be prepared to demonstrate why the person is incapacitated. This means you will need to gather specific affidavits, including two separate affidavits from doctors who are qualified to make a judgment on the person's incapacitation. After you have submitted the required documentation, you will receive a notice of hearing in which a judge will either receive testimony about the case or simply rely on the accompanying affidavits.

Most cases of impending guardianship pass through the court system easily but you might consider acquiring an attorney to help you with the legal requirements. Should an issue delaying or preventing the guardianship appointment arise, your attorney can also help sort through the matter and get the proceedings back on track in as timely a manner as possible.

While assuming guardianship over someone in New Jersey can occasionally be a complicated affair, it's important to know that all of the parties involved want the best for the person in question. Attorneys with experience in estate planning can help you become your loved one's legal guardian so that you can provide him or her with the care they need.

Source: New Jersey Courts, "Action For Guardianship Of A Mentally Incapacitated Person Or For The Appointment Of A Conservator" Oct. 16, 2014

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