QUESTION

How can I take over guardianship of my disable brother who lives in a rehabilitation home?

Asked on Nov 03rd, 2016 on Guardianship and Conservatorship - New Jersey
More details to this question:
My aunt has guardianship over him but she had neglected her duties and is confidexpected to a wheelchair and can't get to him when needed. But she refuses to give up the paper work or any information for me to get guardianship.
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2 ANSWERS

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
You can file a motion to open the case and remove her as the guardian.  You can ask to be appointed as the guardian instead and cite the reasons why she should not be allowed to conitnue to serve.  The paperwork for the guardianship is a public document and you can get it form the court in the county in which the guardianship was completed, most likely whereyour brother lives.  
Answered on Nov 15th, 2016 at 6:16 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
If you need to amend the guardianship order, you will have to file an application in the court that granted the Order.  For example, if it was granted in Monmouth County, you apply to Monmouth County Surrogate's Court.  Call the County Surrogate's office in the county in which the person lives, and ask if they have a guardianship for that person.  The documents are public documents and you can get a copy of all of the papers at the Surrogate's Office.   
Answered on Nov 05th, 2016 at 8:24 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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