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Guardianships

Nov 02, 2020

Court Affirms That Children Cannot Sue on Behalf of a Parent Solely by Virtue of Being the Parent’s Child

A recent court decision stating that children do not have the legal standing to sue on behalf of their parents, simply by being their child and closest family member, reiterates the need for older parents and their adult children to engage in basic planning for the possibility of the parent experiencing a loss of capacity, or even diminished capacity, which could leave the parent vulnerable to exploitation. » Read More

Nov 07, 2018

Nursing Homes Cannot Contractually Require You to Guarantee Payment of the Cost of a Family Member’s Care

Among the many issues that factor into whether a loved one should start receiving nursing-home care is the cost, especially when the need for this level of care develops quickly or is unexpected.  At some point during this time, when emotions are running high and it seems decisions must be made quickly, the facility may present you, as well as your family member, an admissions agreement that must be signed as part of your family member’s admission to the facility. » Read More

Sep 21, 2017

Will the Court Allow Me to Appoint a Back-up Guardian?

Family members considering guardianship sometimes ask about having a “back-up” or “replacement” guardian appointed at the same time as the guardian.  Most frequently, this question arises when older family members are pursuing guardianship of a younger family member (usually parents on behalf of a child).  » Read More

Feb 23, 2017

The Law Protects Guardians Against Second-Guessing

As previously discussed, the rule of thumb is that a guardian will not be liable for actions taken, or not taken, as long as the guardian acts reasonably under the circumstances.  A recent New Jersey case demonstrates that the law protects guardians against second-guessing by those with an interest in the incapacitated person’s estate.   » Read More

Sep 28, 2016

Liability as Guardian

Clients are often concerned that by becoming guardian of a family member, they will subject themselves to liability for actions their family member takes.  For example, I recently advised a client who was considering filing for guardianship of his nephew. The nephew, whose parents were deceased, had recently turned 18 and had a history of petty crimes, such as vandalizing and stealing from a convenience store.  » Read More

Aug 03, 2016

Overview of the Guardianship Process: Responsibilities Have Just Begun

You’ve finally been appointed guardian, having satisfied the Court, and maybe some suspicious family members, that a guardianship is necessary for the protection and proper care of your loved one.  Judgment in hand, you leave the courtroom and go back to your car, grateful to have completed the process. » Read More