Legal Question in Elder Law in New Jersey

Re: adult guardianship

An application for appointment of a guardian may be done without a lawyer; however, the process is complicated. I have done and seen many such applications myself. The court's rules require a detailed process. You must have two doctors.

Re: adult guardianship

In New Jersey, in order to bring a guardianship proceeding, a petitioner must have certifications from two physicians who have examined the individual and are of the medical opinion that the individual is unable to take care of himself/herself. That is a requirement in the guardianship law. I would recommend that you take your mother to see an elder law attorney, someone who is a member of the National Association of Elder Law Attorneys, for a second opinion. You may also consider having her evaluated by another doctor, on the issue of her legal capacity. Although you are not required to use the services of an attorney for a guardianship, you will most likely find it preferable to avail yourself of a qualified attorney's experience. The legal requirements for a guardianship proceeding are quite exacting.