(856) 439-6223In some situations, an adult is unable to make important decisions or care for themselves in a responsible way. The law allows for guardians to act on their behalf by making these important choices and ensuring their needs are met.
A judge will only award guardianship when there is evidence of incapacitation. While proving this case is not always simple, a dedicated guardianship attorney might be able to help. Reach out to learn about proving incapacity in Manalapan Township.
Assigning Guardianship
A judge may assign a guardian to provide care for an adult who is incapable of providing for themselves. The court will only take this action when necessary. First, the court in Manalapan Township must see proof of incapacity before it can act.
The court can base a finding of incapacitation on several different factors. They could point to a person’s mental illness or physical illness as the reason they cannot care for themselves. This process is also appropriate in cases where chronic alcoholism or drug abuse makes it impossible for a person to meet their own needs. Finally, someone with a developmental disability may also be considered incapacitated.
During this process, the individual in question is known as an alleged incapacitated person (AIP). Once the court determines a guardian is necessary, they are known as a ward.
There are different options before the court. They could place the guardian in control of an individual, their estate, or a combination of the two. Responsibility over the person includes managing their individual needs, including their healthcare. Guardianship over the estate allows them to manage their finances. While both of these powers are often granted to the same person, a court might choose to only award one or the other.
Evidence of Incapacitation
Presenting evidence is a critical part of this process. Judges will not appoint a guardian based only on a person’s request, particularly over the objection of an AIP. There must be documentation that makes a clear case that this measure of last resort is necessary.
The court typically relies on documentary evidence when rendering their decision. When a person is alleged to be incapacitated due to medical reasons, they might evaluate doctor records or therapy notes. Testimony from friends and loved ones can also be useful. In some situations, even arrest records may be used to establish a person is facing chronic drug issues.
Making a case that a loved one is no longer able to care for themselves can be difficult. The burden of proof is high, given that judges only take away a person’s freedom and autonomy when necessary.
Preparing this evidence can be challenging on an emotional level, especially for friends of family members. An attorney in Manalapan Township can assist with proving incapacity. They can collect the evidence needed to show a person is no longer able to make important decisions or meet basic needs. This might include collecting evaluations from mental health professionals or providing proof of chronic drug use.
Talk to a Manalapan Township Attorney About Proving Incapacity
Every judge is different, but the court will not take a request for guardianship lightly. The evidence used for proving incapacity in Manalapan Township must be convincing.
It could benefit you to place your trust in the hands of experienced legal counsel in these cases. Reach out right away to learn more during a private consultation.