In the event a family member becomes incapacitated and does not have a valid Power of Attorney, we can assist you in filing a Complaint for Guardianship over the person and property.
The Complaint will need to include two doctors’ affidavits which state that your family member is not competent to make his/her own decisions regarding his/her personal or financial affairs, and a Certification of their assets. Once the Court receives the Complaint they will appoint an attorney to represent your family member, the alleged incapacitated. At the Guardianship hearing, the Court will determine whether or not your family member is incapacitated. In the event the Court finds that your family member is incapacitated they will then determine whether or not you are an appropriate person to be the Guardian of your family member. Once you are appointed the Guardian of the person and property of your family member, you will then be responsible for making all of their personal, medical, and financial decisions. Those decisions must be made in the best interests of your family member.