Guardianship is the process of making one individual legally able to make decisions for another individual. Through the guardianship process, a judge appoints an individual to care for another individual. A guardianship is a necessary tool when someone can no longer make their own decisions. Guardianship may also be needed when someone has become easily vulnerable to fraud or undue influence.
We believe that avoiding guardianship if at all possible is the best route to go. There are other ways to make sure someone who is incapacitated is taken care of. The best possible step to take is a proactive one. Setting up an enhanced durable power of attorney long before someone is unable to care for themselves will ensure that they will be placed in the hands of someone they trust.
There are still some situations where guardianship will be necessary. If a person is completely incapacitated when their family seeks Medicaid planning or other estate planning services, and if there is no previous document outlining the incapacity plan, then we will need to go through the steps of guardianship.
If you would like to discuss guardianship, conservatorship, or any other estate planning or elder law matter with one of our New Jersey Elder Law attorneys, you can schedule a free consultation.