My mom has been recently put in a psychiatric hospital it's agreed she needs a guardian but the social workers want a public guardian for my mom. I talked to the lawyer advocating for my mom and he asked if my mom had a will and last wishes ready. I guess this means if anything happens to her I wouldn't even have control of her funeral and burial? I was taking care of her until this point and sacrificed parts of my life to care for her. Does family just get pushed out of any decisions? My mom would also rather have me be guardian, but social worker say she can't sign me over since shes not in right state of mind. How hard would it be to change guardianship to me?
Perhaps the lawyer advocating for your mom wants to see those documents to see whether she named you as her executrix to handle her affairs post death, or to determine whether there is a conflict of interest of some sort if you are named as a beneficiary. Have you talked to the attorney advocating for her to inquire if you are a suitable candidate to be her guardian and, if not, what objections exist, so perhaps you could respond to those objections and remove them. The system is designed to look out for the impaired individual and protect her assets. Guardianship usually confers powers during the life of the individual. The attorney advocating for her has a duty to gather her assets and liabilities and important papers and report to the Court as to same. A will confers authority after death. In the absence next of kin apply for letters of administration. There is a statute that covers who makes decisions about burial etc if there is more than one who wishes to make those decisions. If you want to press the issue of guardianship, now is the time while the court is making its investigation and determination, not later.
If you are having issues being appointed as guardian over your mother for mental disability reasons, then you need to petition the Court to be appointed as guardian. This is not a process that I would recommend an individual to proceed unrepresented. The guardianship process is not a typical legal dispute. There are many people involved on all levels: attorneys, social workers, interested parties. You have rights, but you need to flex those rights in court in order to achieve your goals.
As stated, you will have to petition the court in order to be appointed the Guardianship. Additionally, it may involve several hearings and if appointed, there may even be someone appointed to ensure you are conducting her affairs consistent with your fiduciary duties. It can be an involved process and you should seek legal counsel.
Please mark this answer as "Helpful" or "Best Answer" if my advice helped you. I hope you understand that the information I presented to you is based on the limited facts presented and is based on New Jersey. Also, this information does not contain any confidential information and does not create any attorney/client relationship.
New Jersey law favors you as guardian,Perhaps there are allegations against you that are compelling to deny your appointment.Your moms best interests are the Courts primary focus.Stay engaged.
Advice provided is general in nature and should not be relied upon without retaining qualified and experienced legal counsel who is able to review in details the precise facts and details of your legal matter.The law firm of Hanlon Niemann and fredrick p niemann disclaims any express or implied guarantees or warranties associated with this response.
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