What happens when the unthinkable occurs and you can no longer speak for yourself? Who will make healthcare decisions aligned with your values? Who can access your accounts to settle bills or manage your business?
Without proper incapacity planning, these questions require court intervention, public proceedings and decisions potentially contrary to your wishes.
Court-appointed guardianship
The court might appoint a guardian for you. In New Jersey, this process is known as a guardianship proceeding.
A guardian is a person the court chooses to make personal, medical and financial decisions for you. The court might choose an individual you would not have selected. This court action is public and can involve significant legal fees and time.
Without your designated decision-makers, accessing your finances or understanding your medical wishes becomes difficult. Your family might face hurdles paying bills or knowing what treatments you would want. This lack of direction can cause immense stress.
Financial and medical decisions by default
Without your written instructions, state law and court orders will dictate these crucial matters.
Family members might disagree on the best course of action for your finances or medical care. Others might not know or honor your specific preferences for medical treatments. A court appointee might manage your assets in a way you would not approve.
New Jersey law outlines procedures for these situations. The court must find clear and convincing evidence that you are incapacitated.
The process involves medical certifications and legal hearings. Until the court appoints a guardian, your assets may be inaccessible, or your medical care may follow generic protocols instead of your personal wishes.
Taking action now
Consider the advantages of proactive planning:
- You select trusted individuals to manage your affairs
- You clearly state your medical treatment preferences
- You can protect your assets for your intended beneficiaries
- You lessen the burden and stress on your loved ones
- You avoid potentially public, costly and lengthy court proceedings
Remember, becoming incapacitated without an estate plan can create significant problems for you and your family. A skilled attorney in New Jersey can help you prepare for such possibilities, often involving establishing a secure estate plan.
