Legal Question in Wills and Trusts in New Jersey

You do not need to wait until she is deceased and, in fact, it is probably not in your best interest to do so. Please contact my office to schedule an appointment to further discuss these issues as I beleive that you need to act promptly. My telephone number is 732-663-1500.

Thank you.

If you believe that your mother may be suffering from a lack of capacity, then an application for guardianship will need to be filed with the Superior Court of New Jersey (in the county she resides).

Many elderly people, as a result of aging, dementia, etc. are no longer able to make their own decisions or are extremely susceptible to undue influence.

As such, a guardian is appointed to protect the individual and make decisions upon the individual�s behalf.

Within the guardianship application, you may request that the recent documents be voided.

As the other author advised, you should act promptly.

Best of luck.

I agree that the probability now, for success, is to commence a guardianship proceeding, although you will need psychiatric reports to convince a Court, and this may be difficult to get since you are denied access to your mother. While you may also commence a suit to overturn what has been done, this will probably not be successful, unless you can establish that your mother has been defrauded out of her assets. I should caution you these are long, arduous, emotional and expensive proceedings, so be prepared. This is a response to an Internet question and the reply is for general information only, and is not to be considered as legal advice or as creating an attorney-client relationship.

You should not wait. You should take action now, before she passes away. It sounds almost like they are making her into a prisoner.

Please call my office to make an appointment. This initial consultation for one half hour will be free of charge, and I will let you know what I believe I can do to assist you further.

Robert F. Davies, Esq.,

Phone: 201-820-3459, Hackensack New Jersey.

Let my secretary know you found me through LawGuru.

Disclaimer: This answer is based only on the statements you have made, and may not be accurate. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.