Guardianship of Disabled Adults
Kenneth Vercammens Office represents persons
seeking legal Guardianship of a Parent or Adult Family Member.
Occasionally an individual can not 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.
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
spouses 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. p11
1. When is a guardian needed? A guardian is needed
when an individual can not manage his or her life as a result of a mental or
physical disability, alcohol or drug addiction. The person for whom a guardian
is appointed is called a ward. Disability Law at p11
Recently the legislation changed the designation of
mental incompetent to incapacitated person in all laws, rules, regulations and
documents.
2. What rights does a incompetent lose? Unless a
Court orders otherwise, a ward/ incompetent does not have the right to decide
where to live, spend money, use property, appear in Court or undergo medical
treatment without the approval of his or her guardian. An unmarried incompetent
also loses the right to marry.
3. How does somebody become the guardian of
another? Guardians are appointed by Courts after the person in need of
guardianship is proven incompetent. Guardianship actions can be brought under
the general incompetency statute (N.J.S.A. 3B:12-25 et seq.) or under the
statute dealing with people who receive services from the State Division of
Developmental Disabilities. N.J.S.A.. 30:4-165.4 et seq. Guardians who are
married to the incompetent or are parents of an unmarried incompetent can
choose who will become the guardian after the guardians die and include a
clause designating their successor in their wills. Disability Laws p12 Under
the general incompetency statute, a Complaint requesting Guardianship must be
filed in the Superior Court, plus a detailed Affidavit by the person requesting
to be Guardian detailing the assets of the incompetent plus reasons why the
incompetent is no longer able to manage their affairs. Affidavits of two
doctors are also needed. The Court will appoint a temporary attorney to
interview the incompetent and prepare a report to the Court.
4. Who can be a guardian? Generally, a close
relative or a person with a close relationship to the proposed incompetent who
will act to protect the incompetents best interests can be guardian. when a
close friend or relative is not available, the Court may appoint the Public
Guardian (for persons over 60) or an Attorney to serve as guardian.
5. What are the rights of the proposed incompetent
prior to hearing? The proposed incompetent is entitled to receive advance
notice of the guardianship hearing, to be represented by a lawyer and to
present a defense at the hearing.
6. What happens if the incompetent regain the
ability to manage his or her affairs? The incompetent came then go back to
Court and ask to be made his or her own guardian again, but first must show
that he or she has regained sound reason.
7. When is a guardian not needed? Just because a
person has a disability, does not mean that they need a guardian. A guardian is
not needed if a person can make, and understands the nature of the decisions,
and communicate the decisions to others. A guardian is not required for someone
who has a physical disability, but who can manage his or her affairs, and is
not needed if a person merely has a problem managing money or property.
Disability Law p12
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
GUARDIANSHIP INTERVIEW FORM
Please fill out completely and fax or mail back.
This form is extremely important. Your accuracy and completeness in responding
will help us best represent you. Please read our website article to help you
understand how guardianships are handled
ALL THE PAGES AND SECTIONS OF THIS FORM MUST BE
COMPLETED PRIOR TO SEEING THE ATTORNEY. WRITE YOUR SPECIFIC QUESTIONS AT THE
END OF THE LAST PAGE. PLEASE HELP YOURSELF TO THE FREE INFORMATION BROCHURES IN
THE RECEPTION AREA.
PLEASE PRINT CLEARLY
Your Full Name: [Person Filling out Form]
______________________________________________________
First Last
Street Address:
________________________________________
City ____________________ State ____ Zip Code
_____________
Telephone Numbers: Cell:
__________________________________
Day: ____________________ Night:
________________________
E-mail address:
__________________________________________
Referred By:
___________________________________________
If referred by a person, is this a client or
attorney? If you heard about this law office by the internet, which search
engine? What search terms did you use?
Todays Date
___________________________________________
1. Name of person for whom you seek Guardianship:
________________
Guardianship Questionnaire rev 8/16/12
2. Current address and phone for incapacitated
person whom Guardianship is sought:
____________________________________________________________
____________________________________________________________
3. Your relationship to person:
_________________________________
4. Incapacitated person is of the age of
________________., DOB _______
5. The other kin of Incapacitated person are:
___________________, relationship _______________,
residing at: ___________________,
___________________, relationship _______________,
residing at: _________________,
___________________, relationship ______________,
residing at: ____________________
6. Name, address and fax number of Doctor 1 who will
sign Affidavit that person is incapacitated:
____________________________________________________________
____________________________________________________________
7. Name, address and fax number of Doctor 2 who
will sign Affidavit that person is incapacitated:
____________________________________________________________
____________________________________________________________
8. Is there a Will? _____ Did you bring a
photocopy? ____
B. Is there a Power of Attorney? _____ Did you
bring a copy? ____
C. Do You Have a Copy of the Deed? ________
ASSETS
The court rules require details of assets be set
forth in a Guardianship case.
SCHEDULE A REAL PROPERTY If none, write none
1. Street and Number _____________________________________
Town: ____________________
Lot: ___ Block: ____ County: ____________________
Title/Owner of Record: _______________
Tax Assessor Assessed Value: $____________________
Full Market Value of Property:
$____________________
Mortgage Balance: $______________________
Any other Real Estate: $______________________
SCHEDULE B (1) BANK ACCOUNTS, STOCK, CD, OTHER
ASSETS
All Other Personal Property Owned Individually or
Jointly; Market Value, Indicate the Manner of Registration at Date of Death.
If none, write none for each line
Bank Accounts/ Brokerage Accounts - Name of Bank,
Acct. # ___________________________________________ $_________
__________________________________________
$_________
___________________________________________
$_________
__________________________________________
$_________
Stock - Name of Stock Co., Acct. # ________________
$_________
___________________________________________
$_________
Investment Bonds., Acct. # $_________
___________________________________________
$_________
Cars _______________________________________
$_________
Other assets over $10,000 ______________________
$_________
___________________________________________
$_________
___________________________________________
$_________
___________________________________________
$_________
Liabilities More Than $2,000: If none, write none
____________________________________________________________
____________________________________________________________
Estimated Gross Estate:
$__________________________________
Set forth several specific acts of incompetency by
the alleged incapacitated person:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
PLEASE USE THIS PAGE TO WRITE YOUR SPECIFIC
QUESTIONS FOR THE ATTORNEY:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Guardianship Legal Services To Be Provided/Retainer
FEE $_______________. [$2,500]
1. Legal Services To Be Provided.
You agree that the Law Firm will represent you in connection with proposed
Guardianship.
1. Office interview with client, office consult fee
is $150.00, 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 clients email address to send updates.
11 Attend Hearing
12. Preparation of end of case letter to client
after guardianship granted
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. Please read our website article to help you
understand how guardianships are handled
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
2. Costs And Experts. In addition to legal fees,
you must pay the following costs and expenses; experts fees, court costs
including Complaint filing fee payable to County Surrogate, certified mail
notices, investigators fees, deposition costs, messenger services, and any
other necessary expenses or out of pocket expenses. The Law Firm may recommend
that experts be retained directly by you. You would then be solely responsible
to pay the experts. The experts usually require they be paid up front.
The Court will appoint an attorney to be a
temporary law Guardian. The court will require either you or the Incapacitated
person to pay the fees of the temporary law Guardian. Their fees are approx
$1,500.
3. Other Legal Services. You and the Law Firm may
make additional agreements to provide for legal services not covered by the
Agreement. Without such agreements, the Law Firm is not required to do any of
the following:
(a) Provide any legal services after the judgment
of the trial court;
(b) Appeal any decisions of the trial court;
(c) Enforce any judgment or order of the trial
court;
(d) Represent you in any other court or Tribunal
4. Fees. Fees can be paid by VISA, Master
Card, American Express, check, money order or cash. Make checks payable to
Kenneth Vercammen, P.C. As with most Attorneys, Fees are paid at the
initial consultation and must be paid prior to documents being drafted.
[Note- After the Guardianship Complaint is typed,
there is a minimum $100.00 additional charge for complaint changes not set
forth in the Questionnaire filled out by clients at the initial consult. The
Deed needs to be signed within 20 days of initial consult or additional fee
will be charged. We do not do Tax Planning or Medicaid Planning. The fee paid
is non refundable.]
Guardianship bill
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