Watching a parent age and become vulnerable can be overwhelming. We regularly help adult children navigate the difficult, but necessary, process of seeking guardianship for elderly parents who have lost their mental capacity and do not already have a power of attorney in place.
When Is Guardianship Needed?
You may consider guardianship if your parent:
- Is no longer mentally capable of managing finances or medications
- Shows signs of cognitive decline or dementia
- Is at risk of harm, self-neglect, or exploitation
- Refuses help despite clear safety concerns
Initial Steps
First, check if your parent has:
- A valid power of attorney
- A healthcare proxy or advance directive
If these documents were executed prior to losing capacity, they may eliminate the need for court involvement.
The Process of Guardianship for Elderly Parents in New Jersey
To pursue guardianship, you will need:
- Two medical certifications (usually doctor and/or psychologist) stating that your parent is mentally incapacitated
- A petition filed in the Surrogate’s Court
- Participation from a court-appointed attorney who will represent your parent’s interests
- A court hearing where a judge will determine whether general or limited guardianship is appropriate
A guardianship proceeding can be complicated, emotional, and sometimes contentious. It is important to find compassionate legal support, which you can find at Ward, Shindle & Hall.
