Surrogate Decision Making – The process of naming a person to serve as your representative to make legal, medical or financial decisions on your behalf in the event you are unable to do so for yourself.
Guardianship – the legal process one must endeavor to obtain a surrogate decision maker when the person in need does not have capacity to appoint one.
Do I need a Guardianship?
If you have a family member or loved one who can no longer make or communicate sound decisions about his or her own physical well-being and/or property, establishing a guardianship may be in their best interest. Porzio can assist you in determining whether instituting a guardianship proceeding on behalf of a loved one is the right option for you.
How is Guardianship Obtained?
A guardianship is a legal proceeding whereby the court appoints a surrogate decision maker to act on behalf of a person who lacks the capacity to make his or her own legal, medical or financial decisions.
In order for the court to appoint a guardian, the court must find that the person cannot govern his or her affairs.
What is the difference between a General and Limited Guardian?
A general guardian exercises all rights and powers of the incapacitated person.
A limited guardian may be appointed when the court finds that the individual “lacks the capacity to do some, but not all, tasks necessary to care for him/herself.” In such case, the court must specify areas which the person has sufficient capacity to manage (for example, residential, educational or vocational decision making)
Ask a Guardianship Attorney
Wealth Preservation Services
Porzio’s Wealth Preservation attorneys serve New Jersey families with offices in Morristown NJ, Princeton NJ, and New York City. We provide legal counsel on Estate Planning, Elder Law, Asset Protection Planning, Special Needs Planning, Wills and Trusts, Powers of Attorney, Health Care Powers, Living Wills, Probate, Estate Administration, Estate and Trust Litigation, Guardianship, and Tax Planning to families in Bergen County, Essex County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Passaic County, Somerset County, Sussex County, Union County and Warren County.