How To Claim Guardianship Of A Parent

How To Claim Guardianship Of A Parent

An individual usually claims guardianship of a parent when the parent is no longer able to make rational decisions for themselves. It’s most often done due to age, illness, or an unexpected incident. However, claiming guardianship of a parent is not always a simple process. Our elder law attorneys in NJ will explain in more detail how it works. 

Certifications from Two Physicians that the parent is incapacitated

The first step is obtaining a doctor’s certification that attests that it is their professional and medical opinion that the parent is not competent or mentally sound enough to make decisions for themselves. There is a special form the doctor must fill out when claiming guardianship of a parent

File An Official Application For Guardianship

The next step is completing the necessary paperwork and filing the application for guardianship in probate court. Once the application has been filed, the court will begin its review process by conducting standard proceedings to approve or deny your application. They’ll investigate your parent and they’ll also investigate you – your financial circumstances, check for any conflicts of interest, and check if you have a criminal background. 

Go For The Court Procedures

There will be a hearing to decide the outcome of your application. Both parties – you and your parent – must be represented by an attorney, even if everyone is in agreement with the proposed guardianship application. A judge will review your application, take all of the circumstances into consideration, and make a decision. 

Await The Court’s Verdict

While each case is unique and there is no universal timeline, you can expect it to take on average between one to two months from the time your application is filed until the time a decision is reached. If the judge feels they need more evidence or that any of the evidence is unclear, the case can take longer. 

Claiming Guardianship in New Jersey

For a guardianship application to be granted, all parties must be in agreement that the parent who is proposed to be under a guardianship is truly not able to care for themselves due to mental impairment or incapacitation. 

If you’d like to speak with us about how to claim guardianship of a parent, if you would like more information regarding elder law, please visit us at:

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