Legal Question in Wills and Trusts in New Jersey

Re: power of attorney

If he does not have a valid power of attorney designating someone as his attorney in fact, then unfortunately, he will probably need a guardian appointed.

This involves a court proceeding to declare him to be incapacitated, and appoint a guardian to assist him. Because it is a court proceeding, it will take some time (typically about 60 days); and will be expensive. There will be legal fees (for an attorney to represent your father, and for an attorney to represent the proposed guardian); medical fees (two doctors must examine your father and submit medical reports of his condition); and there will also be an annual bond premium due to purchase an indemnity bond for the value of his assets.

All this could probably have been avoided with some proper estate planning, and a power of attorney.

If you need assistance with the guardianship proceeding, we can assist you.

Re: power of attorney

You do not say if the incapacity is mental, physical or both. If only physical, and he the ability to communicate somewhat, a POA can still be obtained, with it stating his current incapacity and merely signing with an "X", witnessed and notarized. If he is both physically and mentally incapacitated, Jon is correct that a guardianship proceeding is required. Contact me directly if you need to discuss this further.