908.335.9601
Guardianship
Guardianship
Siclari Legal offers a wide range of legal services to help our clients care, protect, and financially provide for family members with diminished cognitive abilities. We appreciate the seriousness of such situations and take the time to fully understand your family's situation, examine options, and fully collaborate in a plan that is in the best interest for the individual.
Guardianship
Sometimes a loved one is no longer able to make decisions regarding their medical, legal, or financial circumstances. Families often arrive at a difficult juncture and must determine how to help and protect their loved one.
Guardianship is a legal process in which a Judge determines someone is not capable of making decisions and a trusted person is appointed to do so on their behalf.
Because guardianship removes certain rights from the incapacitated person, Siclari Legal approaches this matter with great care as we work with families. We help families understand the full picture by exploring alternatives that may be an option, explain when guardianship is appropriate, and guide them through the process with clarity and the utmost of care.
Request your Guardianship consultation by filling out the form below or by calling the office at 908.335.9601.
Guardianship for Seniors and Adults with Cognitive Decline or Brain Injury
Guardianship is commonly arrived at the juncture when an adult has growing cognitive impairments. Causes of the cognitive impairment are typically due to conditions such as Alzheimer's disease or other forms of dementia, or injuries. Concerns about medical decision-making ability, financial management and planning, and personal safety are the three most common reasons families need legal consultation and assistance.
Legal Assessment for Current Sufficient Authority
Due to the serious nature of guardianship, first we help families determine whether any existing estate planning documents provide sufficient authority. We would examine powers of attorney, advance directives documents, or any other supported decision-making arrangements already in place, and provide our opinion. These tools help preserve independence by allowing individuals to designate trusted decision-makers and avoid court involvement. Keep in mind: these options must have already been put into place while the individual still had legal capacity.
Obtaining Guardianship: A Carefully Guided Process
We carefully guide families through the guardianship process, helping them understand what to expect and keeping a keen eye that everything is being handled properly and in a timely manner.
You can expect us to provide your family:
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Clear explanations
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Legal counsel to help you make informed decisions
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Efficient navigation of the legal process
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Legal support after your guardianship appointment, if needed
We certainly appreciate the difficulty of this type of situation and are prepared to carefully guide your family. Please contact us to schedule a consultation by either calling 908.335.9601 or send an email directly to Ryann M. Siclari Esq., LL.M.
Guardianship for Young Adults (18+) with Special Needs
When a child turns 18, parents no longer have legal authority to make decisions on their behalf. This applies to people with disabilities, even if those disabilities are severe and lifelong. In other words, a parent cannot make decisions for their child once the child is 18.Guardianship may be appropriate when a young adult is unable to be independent in their decision making. This is both a confusing and emotional phase for families and one with the deep concern of how to prevent a disruption in care and eligibility for programs. In New Jersey, this process can often be started up to six months in advance of an 18th birthday to prevent a gap in authority and any disruption of care and programs.
We help families determine whether guardianship is necessary after exploring less restrictive alternatives, such as estate planning documents or a limited guardianship (where appropriate). If guardianship is determined as the right course we next:
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Prepare and file guardianship pleadings
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We also provide ongoing support to Guardians to ensure proper court reporting and compliance.
We see guardianship as part of a larger strategy to ensure a lifetime of continuity of care, access to services and programs, long-term support, and quality of life for individuals with disabilities. Contact us for a consultation by calling 908.335.9601 or send an email.
