i need poa over my brother in nj was in a accident
Asked on Feb 28th, 2016 on Family Law - New Jersey
More details to this question:
My brother had a brain aneurysm this morning, as of right now he may not make it , his estranged 24yr old daughter says she has decided she will make the medical decisions, I am the sister, I have provided all financial and emotional support for my brother over the years. I want to have the right to make the decisions.
I am sorry to hear about your brother. If your brother is incapacitated, one option is for you to go to the surrogate's office in the county in which your brother resides and file an emergent application/order to show cause asking the court to grant you guardianship of your brother based on the state of his health and the emergent circumstances. The application must be filed in the county where your brother, the alleged incapacitated person, resides. The website listing the surrogate courts along with their addresses and phone numbers is: http://www.judiciary.state.nj.us/directory/surrogateroster.pdf
If your emergent application for guardianship of your brother is successful, the judge would give you an order that allows you to make decisions on your brother's behalf on a temporary basis. It is important to note that the order would require you to take additional steps including filing pleadings and affidavits of your brother's doctors. The judge may also appoint an attorney for your brother. You can expect a follow-up court appearance once the judge has reviewed the doctors' affidavits and the appointed attorney's report.
The information we provide is not, nor is it intended to be, legal advice. These answers are designed for general information only. You should consult an attorney for advice regarding your specific situation. Our website, www.WLG.com, will provide you with a wealth of valuable information in addition to the best way to contact us.
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