Protecting Vulnerable Minors And Adults

A guardianship may be established for any person who is deemed incapable of managing their own affairs. A named guardian becomes responsible for managing the rights and property of the person who is incapable of doing so on their own. Guardianships may be established for either children or vulnerable adults. Because a person who is in need of a guardianship often requires special care, it is also worth considering applying for Medicaid to help defray some of the costs.

At the law firm of Taff, Davies & Kalwinsky, our attorneys help families throughout New Jersey with guardianships and Medicaid applications.

Establishing Guardianships For Adults

Any adult may file a petition with the court in order to have another adult declared as incapacitated. If the court determines that a person is incapacitated, a guardian will be appointed to manage that person’s affairs. The guardian is responsible for taking an inventory of the person’s property and must use the person’s assets for their care. Occasional reports must be filed with the court and court approval is required for certain financial transactions. In addition, the guardian is responsible for making health care decisions, personal care decisions and residency determinations for the incapacitated person.

Establishing Guardianships For Minors

A child’s parents are considered to be his or her guardians and, generally speaking, may act on their child’s behalf. However, if the parents die while the child is still a minor, or if the parents become incapacitated or are otherwise deemed unfit to carry out their parental duties, a guardian may be appointed. The guardian must largely meet the same requirements as those established for adult guardians.

Medicaid Applications And Appeals

Guardianships are most often established because a person has special care needs and they are incapable of making decisions on their own. Whether the person is suffering from a disease, such as Alzheimer’s, has suffered a traumatic brain injury, or was born with a disability, such as down’s syndrome or severe autism, the bills for long-term care can add up quickly.

Medicaid benefits can help ease some of the financial burden. However, the application process can be complicated and many applications are initially denied. Our lawyers can help guide you through the application process and appeal denied claims. We are dedicated to helping you get the best chance at the assistance you need.

Contact Us For Experienced Legal Help

Our legal practice is dedicated to protecting our clients from those who do not have their best interests in mind. To find out how we can help you and your loved ones, call our law offices in Toms River at 732-901-5797. You may also contact us online.