NJ Laws Directions to Ken Vercammen and Associates Ken Vercammens Resume Ken Vercammen articles

Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs

2053 Woodbridge Ave.
Edison NJ 08817
732-572-0500
1-800-655-2977

Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
By Appointment Only
Toll Free 800-655-2977


Guardianship of Disabled Adults

Kenneth Vercammens Office represents persons seeking legal Guardianship of a Parent or Adult Family Member.

Occasionally an individual can not manage his or her life as a result of a mental or physical disability, alcohol or drug addiction. If a legally prepared power of attorney was signed, a trusted family member, friend or professional can legally act on that persons affairs. If a power of attorney was not signed, your attorney must file a formal complaint and other legal pleadings in the Superior Court to permit the trusted family member, friend or professional to be able to handle financial affairs.

Powers of Attorney are generally given by one person to another so that if the grantor of the power becomes ill or incapacitated, the Power of Attorney will permit the holder of it to pay the grantors bills and to handle the grantors affairs during the inability of the grantor to do the same.

A Power of Attorney is an appointment of another person as ones agent. A Power of Attorney creates a principal-agent relationship. The grantor of the Power of Attorney is the principal. The person to whom the Power of Attorney is given is the agent. We give the title attorney-in-fact to the agent who is given a Power of Attorney.

Without a legal Power of Attorney or court ordered guardianship, even a spouse does not have the legal authority to sign their spouses signature. If a valid power of attorney is not legally prepared, signed and acknowledged in front of an attorney or notary, it is invalid.

Without a power of attorney, a Guardianship Order and Judgment must be obtained from the Superior Court to permit complete legal decision making.

According to Disability Law, A Legal Primer published by the New Jersey State Bar Association, A guardian is a person appointed by a court to make financial and personal decisions for a person proven to be legally incompetent. p11

1. When is a guardian needed? A guardian is needed when an individual can not manage his or her life as a result of a mental or physical disability, alcohol or drug addiction. The person for whom a guardian is appointed is called a ward. Disability Law at p11

Recently the legislation changed the designation of mental incompetent to incapacitated person in all laws, rules, regulations and documents.

2. What rights does a incompetent lose? Unless a Court orders otherwise, a ward/ incompetent does not have the right to decide where to live, spend money, use property, appear in Court or undergo medical treatment without the approval of his or her guardian. An unmarried incompetent also loses the right to marry.

3. How does somebody become the guardian of another? Guardians are appointed by Courts after the person in need of guardianship is proven incompetent. Guardianship actions can be brought under the general incompetency statute (N.J.S.A. 3B:12-25 et seq.) or under the statute dealing with people who receive services from the State Division of Developmental Disabilities. N.J.S.A.. 30:4-165.4 et seq. Guardians who are married to the incompetent or are parents of an unmarried incompetent can choose who will become the guardian after the guardians die and include a clause designating their successor in their wills. Disability Laws p12 Under the general incompetency statute, a Complaint requesting Guardianship must be filed in the Superior Court, plus a detailed Affidavit by the person requesting to be Guardian detailing the assets of the incompetent plus reasons why the incompetent is no longer able to manage their affairs. Affidavits of two doctors are also needed. The Court will appoint a temporary attorney to interview the incompetent and prepare a report to the Court.

4. Who can be a guardian? Generally, a close relative or a person with a close relationship to the proposed incompetent who will act to protect the incompetents best interests can be guardian. when a close friend or relative is not available, the Court may appoint the Public Guardian (for persons over 60) or an Attorney to serve as guardian.

5. What are the rights of the proposed incompetent prior to hearing? The proposed incompetent is entitled to receive advance notice of the guardianship hearing, to be represented by a lawyer and to present a defense at the hearing.

6. What happens if the incompetent regain the ability to manage his or her affairs? The incompetent came then go back to Court and ask to be made his or her own guardian again, but first must show that he or she has regained sound reason.

7. When is a guardian not needed? Just because a person has a disability, does not mean that they need a guardian. A guardian is not needed if a person can make, and understands the nature of the decisions, and communicate the decisions to others. A guardian is not required for someone who has a physical disability, but who can manage his or her affairs, and is not needed if a person merely has a problem managing money or property. Disability Law p12

 

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave

Edison, NJ 08817

(Phone) 732-572-0500

(Fax) 732-572-0030

website: www.njlaws.com

GUARDIANSHIP INTERVIEW FORM

Please fill out completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help us best represent you. Please read our website article to help you understand how guardianships are handled

http://www.njlaws.com/guardianship_of_disabled_adults.html?id=460&a=

ALL THE PAGES AND SECTIONS OF THIS FORM MUST BE COMPLETED PRIOR TO SEEING THE ATTORNEY. WRITE YOUR SPECIFIC QUESTIONS AT THE END OF THE LAST PAGE. PLEASE HELP YOURSELF TO THE FREE INFORMATION BROCHURES IN THE RECEPTION AREA.

PLEASE PRINT CLEARLY

Your Full Name: [Person Filling out Form]

______________________________________________________

First Last

Street Address: ________________________________________

City ____________________ State ____ Zip Code _____________

Telephone Numbers: Cell: __________________________________

Day: ____________________ Night: ________________________

E-mail address: __________________________________________

Referred By: ___________________________________________

If referred by a person, is this a client or attorney? If you heard about this law office by the internet, which search engine? What search terms did you use?

Todays Date ___________________________________________

1. Name of person for whom you seek Guardianship: ________________

Guardianship Questionnaire rev 8/16/12

2. Current address and phone for incapacitated person whom Guardianship is sought:

____________________________________________________________

____________________________________________________________

3. Your relationship to person: _________________________________

4. Incapacitated person is of the age of ________________., DOB _______

5. The other kin of Incapacitated person are:

___________________, relationship _______________, residing at: ___________________,

___________________, relationship _______________, residing at: _________________,

___________________, relationship ______________, residing at: ____________________

6. Name, address and fax number of Doctor 1 who will sign Affidavit that person is incapacitated:

____________________________________________________________

____________________________________________________________

7. Name, address and fax number of Doctor 2 who will sign Affidavit that person is incapacitated:

____________________________________________________________

____________________________________________________________

8. Is there a Will? _____ Did you bring a photocopy? ____

B. Is there a Power of Attorney? _____ Did you bring a copy? ____

C. Do You Have a Copy of the Deed? ________


ASSETS

The court rules require details of assets be set forth in a Guardianship case.

SCHEDULE A REAL PROPERTY If none, write none

1. Street and Number _____________________________________

Town: ____________________

Lot: ___ Block: ____ County: ____________________

Title/Owner of Record: _______________

Tax Assessor Assessed Value: $____________________

Full Market Value of Property: $____________________

Mortgage Balance: $______________________

Any other Real Estate: $______________________

SCHEDULE B (1) BANK ACCOUNTS, STOCK, CD, OTHER ASSETS

All Other Personal Property Owned Individually or Jointly; Market Value, Indicate the Manner of Registration at Date of Death.

If none, write none for each line

Bank Accounts/ Brokerage Accounts - Name of Bank, Acct. # ___________________________________________ $_________

__________________________________________ $_________

___________________________________________ $_________

__________________________________________ $_________

Stock - Name of Stock Co., Acct. # ________________ $_________

___________________________________________ $_________

Investment Bonds., Acct. # $_________

___________________________________________ $_________

Cars _______________________________________ $_________

Other assets over $10,000 ______________________ $_________

___________________________________________ $_________

___________________________________________ $_________

___________________________________________ $_________

Liabilities More Than $2,000: If none, write none

____________________________________________________________

____________________________________________________________

Estimated Gross Estate: $__________________________________

Set forth several specific acts of incompetency by the alleged incapacitated person:

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

PLEASE USE THIS PAGE TO WRITE YOUR SPECIFIC QUESTIONS FOR THE ATTORNEY:

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax) 732-572-0030

website: www.njlaws.com

Guardianship Legal Services To Be Provided/Retainer

FEE $_______________. [$2,500]

1. Legal Services To Be Provided. You agree that the Law Firm will represent you in connection with proposed Guardianship.

1. Office interview with client, office consult fee is $150.00, which is included in the Complaint preparation fee.

2. Review Guardianship Questionnaire filled out by client.

3. Obtain information such as name, address and telephone number.

4. Obtain information regarding value of real estate, life insurance and other assets.

5. Obtain information regarding estate and beneficiaries.

6. Obtain information regarding names of family members.

7. Discuss possible individuals to serve as Guardian.

8. Discuss Court procedures, answer legal questions.

9 Office conference, attend to signing of Complaint, Answer Questions and explain provisions.

10 Obtain clients email address to send updates.

11 Attend Hearing

12. Preparation of end of case letter to client after guardianship granted

The legal work includes research, correspondence, preparation and drafting of pleadings and other legal documents, conferences in person and by telephone with you and with others, dictating and reviewing letters, negotiations, and any other related work or service to properly represent you in this matter. Please read our website article to help you understand how guardianships are handled

http://www.njlaws.com/guardianship_of_disabled_adults.html?id=460&a=

Documents we will prepare:

1. Opening of file and offer client information brochures

2. Draft Verified Complaint for Guardianship

3. Prepare Affidavit of Proposed Guardian in Support of Complaint for Guardianship

4. Affidavit of next of kin

5. Prepare AFFIDAVIT OF Doctor 1

6. Prepare CERTIFICATE OF Doctor 2

7. Letters to Doctors to be delivered by client

8. Prepare letter to client enclosing draft documents for client to carefully read

9. Prepare ORDER FOR HEARING

10. Contact client to request client have doctor sign affidavit

11. Attend to proposed Guardian signing complaint

12. Prepare letter to court with signed complaint and 2 doctor certificate

13. Prepare NOTICE to incapacitated person

14. Prepare and file CERTIFICATION OF SERVICE on incapacitated person

15. Prepare co to surrogate with NOTICE to incapacitated person of Complaint and Certification of Service

16. Prepare co to guardian with hearing notice

17. review attorney Guardian report

18. Prepare Guardianship Judgment

2. Costs And Experts. In addition to legal fees, you must pay the following costs and expenses; experts fees, court costs including Complaint filing fee payable to County Surrogate, certified mail notices, investigators fees, deposition costs, messenger services, and any other necessary expenses or out of pocket expenses. The Law Firm may recommend that experts be retained directly by you. You would then be solely responsible to pay the experts. The experts usually require they be paid up front.

The Court will appoint an attorney to be a temporary law Guardian. The court will require either you or the Incapacitated person to pay the fees of the temporary law Guardian. Their fees are approx $1,500.

3. Other Legal Services. You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. Without such agreements, the Law Firm is not required to do any of the following:

(a) Provide any legal services after the judgment of the trial court;

(b) Appeal any decisions of the trial court;

(c) Enforce any judgment or order of the trial court;

(d) Represent you in any other court or Tribunal

4. Fees. Fees can be paid by VISA, Master Card, American Express, check, money order or cash. Make checks payable to Kenneth Vercammen, P.C. As with most Attorneys, Fees are paid at the initial consultation and must be paid prior to documents being drafted.

[Note- After the Guardianship Complaint is typed, there is a minimum $100.00 additional charge for complaint changes not set forth in the Questionnaire filled out by clients at the initial consult. The Deed needs to be signed within 20 days of initial consult or additional fee will be charged. We do not do Tax Planning or Medicaid Planning. The fee paid is non refundable.]

Guardianship bill

   
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Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.

In direct contrast to the hard-hitting approach we take toward the insurance companies is the soft approach we take toward our clients. I am proud of my compassionate staff as I am of the outstanding financial results they have achieved. For many years, I have watched them treat our clients with patience, dignity and respect. I would have it no other way.

Many years ago, I attended a seminar sponsored by the American Bar Association on Law Practice Management. This was to help insure that each of our clients is always treated like a person -- not a file! We recognize that you are innocent victims and that you have placed your trust in us. Please understand that we understand what you are going through. Feel comforted that we are here to help you.

If you retain KENNETH VERCAMMEN to represent you, we will give you the same advice we give each of our clients -- concentrate on your life, you family and your health. We will take care of everything else. Leave all of the work and worry about your legal rights to us. Trust us. Believe in us. Have faith in us as your attorneys. Understand that we will always to do what we believe is best for you and your case. Helping you is our job. In fact, it is our only job -- guiding injury victims like you through one of the most difficult times of your lives, with care and concern -- while fighting aggressively to the limits of the law to obtain compensation and justice for each of you!

Print our Personal Injury Questionnaire on our Website, Fill it out and Fax back, so we can determine if we can help you obtain an injury settlement. We would welcome an opportunity to prove to you what we have proven to thousands of injured clients -- that you can feel comfortable and secure in the fact that KENNETH VERCAMMEN - Trial Attorney We Fight To Win.

When you have been injured in an accident or collision, you are worried about who is going to pay your medical bills, lost wages, and other damages. The last thing you want is to be taken advantage of by an insurance company. If you dont protect your rights, you may not be able to make a claim.

Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a New Jersey personal injury lawyer to fight for you. I am dedicated to helping your recover as much money as possible under the law.

You need an attorney who will work hard to protect your rights, maximize your insurance settlement and minimize the hassles of dealing with the insurance companies. You need an experienced and aggressive New Jersey trial lawyer with PROVEN RESULTS who will fight for you. Having an experienced personal injury lawyer can make the difference between getting what you deserve and getting nothing.

Without the threat of a lawyer who is willing to go to trial and seek a big jury verdict, why would an insurance company pay you what your claim is really worth? Lawsuits can be expensive, and many people do not have the money to pursue their claim. In every case, I advance all costs associated with pursuing your case and I do not ask you for a penny until we recover from the other side.

I am an experienced aggressive trial lawyer and a 3rd degree Black Belt. I am not afraid to take your case to trial if that is what it takes to maximize the amount of money your recover for your personal injury. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or a paralegal.

Reduce the stress of making a claim.

Personal injury accidents can turn your life upside down. Making a personal injury claim can be difficult and time consuming. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your injuries. I take care of all of the paperwork, phone calls, and negotiations, so you can get on with your life.

p.s. For those clients who are afraid or reluctant to go to Court, KENNETH VERCAMMEN also offers a special -- For Settlement Only -- program. This means that if we are unable to settle with the insurance company, we will not go any further -- unless you want us to. You have my personal assurance that there will be absolutely no pressure and no obligation.

We handle personal injury cases on a contingency fee basis.

This means:
YOU DONT OWE ME A LEGAL FEE UNLESS I RECOVER MONEY FOR YOU.

Call our office to schedule a "confidential" appointment 732-572-0500

Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appears in Courts throughout New Jersey each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.

Admitted In NJ, US Supreme Court and Federal District Court.

Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment.

The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation.

Ken Vercammen articles.

Ken Vercammens Resume
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