Get a Power of Attorney to avoid expensive guardianship if parents are i...

Get a Power of Attorney to avoid expensive guardianship if parents are incapacitated & Guardianship of Disabled Adults

Kenneth Vercammen’s Office represents persons seeking legal Guardianship of a Parent or Adult Family Member.
Occasionally an individual cannot manage his or her life as a result of a mental or physical disability, alcohol or drug addiction. If a legally prepared power of attorney was signed, a trusted family member, friend or professional can legally act on that persons affairs.
If a Power of Attorney was not signed, your attorney must file a formal complaint and other legal pleadings in the Superior Court to permit the trusted family member, friend or professional to be able to handle financial affairs. It is a very expensive and sad proceeding. More info at
http://www.njlaws.com/guardianship_of_disabled_adults.html?id=460
To avoid having to go Powers of Attorney are generally given by one person to another so that if the grantor of the power becomes ill or incapacitated, the Power of Attorney will permit the holder of it to pay the grantors bills and to handle the grantors affairs during the inability of the grantor to do the same.
A Power of Attorney is an appointment of another person as ones agent. A Power of Attorney creates a principal-agent relationship. The grantor of the Power of Attorney is the principal. The person to whom the Power of Attorney is given is the agent. We give the title attorney-in-fact to the agent who is given a Power of Attorney.
Without a legal Power of Attorney or court ordered guardianship, even a spouse does not have the legal authority to sign their spouse’s signature. If a valid power of attorney is not legally prepared, signed and acknowledged in front of an attorney or notary, it is invalid.
Without a power of attorney, a Guardianship Order and Judgment must be obtained from the Superior Court to permit complete legal decision-making.
According to Disability Law, A Legal Primer published by the New Jersey State Bar Association, A guardian is a person appointed by a court to make financial and personal decisions for a person proven to be legally incompetent. Guardianship Legal Services To Be Provided/Retainer [Legal Fee $2,500] 1. Legal Services To Be Provided. You agree that the Law Firm will represent you in connection with proposed Guardianship for _____________________. 1. Office interview with client, office consult fee is $200.00, which is included in the Complaint preparation fee. 2. Review Guardianship Questionnaire filled out by client. 3. Obtain information such as name, address and telephone number. 4. Obtain information regarding value of real estate, life insurance and other assets. 5. Obtain information regarding estate and beneficiaries. 6. Obtain information regarding names of family members. 7. Discuss possible individuals to serve as Guardian. 8. Discuss Court procedures, answer legal questions. 9 Office conference, attend to signing of Complaint, Answer Questions and explain provisions. 10 Obtain client's email address to send updates. 11 Attend Hearing 12. Preparation of end of case letter to client after guardianship granted Please read our website article to help you understand how guardianships are handled http://www.njlaws.com/guardianship_of_disabled_adults.htm The legal work includes research, correspondence, preparation and drafting of pleadings and other legal documents, conferences in person and by telephone with you and with others, dictating and reviewing letters, negotiations, and any other related work or service to properly represent you in this matter. Documents we will prepare: 1. Opening of file and offer client information brochures 2. Draft Verified Complaint for Guardianship 3. Prepare Affidavit of Proposed Guardian in Support of Complaint for Guardianship 4. Affidavit of next of kin 5. Prepare AFFIDAVIT OF Doctor 1 6. Prepare CERTIFICATE OF Doctor 2 7. Letters to Doctors to be delivered by client 8. Prepare letter to client enclosing draft documents for client to carefully read 9. Prepare ORDER FOR HEARING 10. Contact client to request client have doctor sign affidavit 11. Attend to proposed Guardian signing complaint 12. Prepare letter to court with signed complaint and 2 doctor certificate 13. Prepare NOTICE to incapacitated person 14. Prepare and file CERTIFICATION OF SERVICE on incapacitated person 15. Prepare co to surrogate with NOTICE to incapacitated person of Complaint and Certification of Service 16. Prepare co to guardian with hearing notice 17. review attorney Guardian report 18. Prepare Guardianship Judgment The proposed guardian will need to make arrangements to have two Doctors sign the AFFIDAVIT OF Doctors.