Caring for a loved one who can no longer care for themselves is a challenge many families face. For example, you may have taken on the role of sole caregiver for your mother, managing her daily needs while balancing your own responsibilities. Over time, her health has declined, and now, the weight of making decisions for her well-being feels overwhelming. It’s a heartbreaking realization that you can’t do it all alone. When a loved one’s care becomes too much to handle, taking legal steps to protect their safety and future may be the best path forward.

When Is Guardianship Necessary?

Guardianship becomes necessary when an adult is no longer able to make sound decisions about their personal care, finances, or medical needs. This often happens due to conditions like dementia, Alzheimer’s disease, or other cognitive impairments that affect a person’s ability to function independently. If your loved one can no longer pay bills, manage medications, or understand the consequences of their decisions, guardianship may help ensure they receive the care they need.

As a caregiver, you may notice signs that your loved one is struggling, such as confusion, forgetfulness, or difficulty managing daily tasks. These changes can leave them vulnerable to financial exploitation, neglect, or poor health outcomes. Guardianship provides a legal framework for someone you trust—often a family member or caregiver—to take on the responsibility of making decisions in their best interest. This can give you peace of mind, knowing their needs will be met and their rights protected.

How Is Incapacity Determined and a Guardian Appointed?

Establishing guardianship begins with the court determining that your loved one is legally incapacitated. This means they cannot manage their personal or financial affairs due to a medical condition, cognitive decline, or similar circumstances. The process involves several steps to ensure fairness and protect your loved one’s rights:

  • Filing a petition: A family member or other concerned party submits a petition to the Superior Court explaining why guardianship is necessary. This includes filing documents such as the Adult Guardianship Case Information Statement (CIS), Verified Complaint Form, Certification of Assets, and Certification of Criminal and Civil Judgment History.
  • Medical evaluations: The court requires certifications from two doctors or psychologists conducted within 30 days of filing. These evaluations assess the individual’s capacity and provide critical evidence for the case.
  • Attending a hearing: Evidence is presented at a hearing, including medical evaluations, testimony from family members, and other documentation. The court carefully examines whether guardianship is necessary to protect the individual’s well-being.
  • Receiving the court’s decision: If the judge determines that guardianship is warranted, a Judgment of Incapacity and Appointment of Guardian of the Person and/or Estate is issued.

This process ensures guardianship is granted only when absolutely necessary. We can assist you at every step, helping you protect your loved one while respecting their rights and dignity.

Responsibilities After a Guardian is Appointed

Once a guardian is appointed, their primary role is to act in the best interests of the incapacitated individual. Depending on the type of guardianship, this may involve making healthcare decisions, managing daily living arrangements, overseeing financial matters, or a combination of these responsibilities. Guardians are typically required to keep detailed records of their actions and may need to provide regular reports to the court. These reports ensure transparency and accountability in the guardian’s role. 

While the guardian has significant authority, they must prioritize the individual’s preferences and rights whenever possible. If circumstances change, such as an improvement in the person’s condition, the guardianship arrangement can be modified or terminated through the court.

How We Can Help

At Bozanian McGregor, LLC, we understand how overwhelming it can be to care for a loved one whose health is declining. When the challenges of managing their care become too much, guardianship may offer a way to ensure their safety and well-being. Our team works closely with families to ease the legal burdens of this process.

From preparing and filing the necessary documents to representing you at court hearings, we ensure every step is handled carefully and professionally. We help you gather the medical and financial evidence needed to demonstrate the need for guardianship, ensuring your loved one’s rights are respected. At Bozanian McGregor LLC, our approach prioritizes your loved one’s dignity while giving you the support and guidance you need during this difficult time. You can trust us to help protect your family and secure the best possible outcome for everyone involved.

Contact Our Experienced Paramus Guardianship Attorneys

Caring for a loved one who can no longer care for themselves is a difficult journey, but you don’t have to face it alone. Guardianship can provide the legal framework to protect their well-being and ensure their needs are met. Contact Bozanian McGregor, LLC today to learn how we can guide you through this process and help secure a stable future for your family.