If you have minor children, who do you trust to care for them if crisis arises or tragedy strikes? Have you considered who you wish to serve as their Guardian, stepping into your shoes, even if it’s only while you are recovering from an injury or illness? What if you die? If you don’t name someone, and alternates, in your Power of Attorney and your Will, in New Jersey, your closest bloodline next of kin has first right to request appointment – even if you don’t want them to. The judge will, however, always examine the facts and consider your child’s best interests – which rarely, but at times, may go against your wishes, so choose carefully. Your goal should be to avoid a court battle after you die, which is costly to all parties involved, and could ultimately reduce the inheritance you leave for your children’s support and future.
If your child is incapacitated and nearing the age of majority, or has reached majority, you need to consider being appointed their Guardian. The standards for serving as Guardian for an adult incapacitated person are different than those for minors. We can help you understand your role, the requirements, and aid you in the process. Your own Power of Attorney and Will should also include a Successor Guardian you nominate in the event of your incapacity or death.
As an adult, who do you trust to care for you? You have the right to nominate an Agent under your Power of Attorney for your financial and legal matters, and a Healthcare Representative to make medical and mental health decisions for you. If you do not, and you lose capacity, your family may battle over who should be in control of your assets, and your care. This causes heartache, headache, lost time, and lost money. In addition to choosing your Agents, you have the right to appoint them as the person you want to serve as your Guardian, if the court believes you need this additional care and supervision under your Power of Attorney. If you don’t make these decisions by setting them forth in a properly executed document, it is possible a stranger from the Office of the Public Guardian will be appointed for you.
Avoid this heartbreaking outcome – Edwards Estate & Elder Law can help you prepare for, and navigate, crisis.
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