Protecting The Interests Of Incapacitated Loved Ones
When someone is incapacitated or incompetent — often due to a degenerative disease, advancing age or mental disability — a guardianship is a legal mechanism that allows you to protect the interests of your loved one. A guardianship gives a designated person, the guardian, the power to make decisions on behalf of the incapacitated individual.
In these situations, there is a complicated set of rules and a strict process that must be followed. After a complaint is filed in probate court, the court will appoint a lawyer to represent the incapacitated person and assess the situation at hand. At this point, there are often disputes that arise regarding whether the person is actually incompetent and who the guardian should be. Without the assistance of an attorney who is well-versed in contested guardianship cases, these disputes can tear families apart and can obscure the primary reason for seeking the guardianship in the first place — protecting the best interests of a vulnerable loved one.
At Lanza & Lanza, our estate dispute attorneys understand guardianship disputes and from all angles. We have often been appointed by courts throughout New Jersey as representatives for allegedly incapacitated individuals, so we have firsthand knowledge of how court-selected lawyers will view a case. This is important, because these attorneys will interview guardian candidates before making a recommendation to the court about who should be put in charge of the well-being of the incapacitated loved one. Our Flemington guardianship contest lawyers ensure that your story is told and that the court-appointed attorney understands exactly why you are the best person to care for your loved one.