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
For
more information, go to http://njwillsprobatelaw.com/guardianship_of_disabled_adults.html?id=460&a=
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