Basic Facts

When Dr. Smith did not show up at his office on Thursday morning, his staff knew there was a problem. Dr. Smith fell several weeks before and suffered a concussion. He seemed to recover ok, but his staff suspected something more involved.

At about 9:40 am Thursday, the police called his medical office telling them that Dr. Smith was found passed out in his car in a ditch a few miles from his home. He was semi-conscious but clearly confused and disoriented. His staff had no idea what to do –

·      What do we tell our patients?

·      Who will run the office?

·      How will bills be paid?

·      How about payroll? After all, staff members still need to get paid.

These are all serious questions that need immediate answers.

Complicating matters is the fact Dr. Smith has adult children from a prior marriage who do not get along with his present spouse. There are also serious allegations of emotional and financial abuse by the present spouse. What a conundrum!

Can Guardianship Help?

Assuming there is no Power of Attorney in place appointing someone willing to get involved, Dr. Smith is in a pickle. He is no longer able to manage his personal and business/professional affairs, yet he has serious responsibilities that need to be addressed immediately. He also needs someone to make medical decisions for him.

It is likely in this case Dr. Smith will need a guardian to assist him, at least in the short term. Fortunately for him, under New Jersey law, the court can appoint a legal guardian to handle these responsibilities, at least in the short term until Dr. Smith recovers the ability to manage his affairs on his own or it is determined his condition is permanent in nature, at which point he may need a permanent guardian.

The New Jersey law that allows the appointment of a temporary, limited guardian can be found here.

Need for Two Doctors

Even though the appointment of a temporary, limited guardian is not a final adjudication of an incapacity, any such application will need the Certifications of at least two doctors attesting to the fact that Dr. Smith has a medical condition such that it renders him unfit and unable to manage his own affairs. Based upon those medical proofs and a showing that there is an urgent need to address certain serious financial and medical issues, a court is likely to appoint a temporary, limited guardian with the specific authority to address these responsibilities. The issue of whether Dr. Smith will need a permanent guardian will be addressed on a longer term basis, once there is a better understanding of the prognosis of his medical condition.