Guardianship
In New Jersey guardianship proceedings, the court will ultimately provide someone with the legal authority to make certain life decisions for a loved one who may be unable to make those decisions on their own. Depending on the situation, different guardianships may apply. Because guardianship can be both an important responsibility and complicated to establish, a New Jersey Guardianship Attorney can assist you through the process. Whether you may be petitioning the court for guardianship of a loved one or challenging one within the state of New Jersey, seeking legal advice is a wise choice.
Call (856) 266-9525 today to schedule your informative consultation.
Understanding what it means to be a guardian, who may require one, and their responsibilities, can be a daunting task. A guardianship lawyer is a great resource to help you understand options, what implications they may have, and what steps are needed to become a legal guardian.
A guardian is appointed by the court to oversee the management and decision making of the rights and property interests of a minor or someone who can be classified as incapacitated or at risk due to the fact they cannot manage their own affairs. That risk could be their inability to properly feed themselves, take care of themselves physically, maintain their health, find and keep up with housing, or properly tend to financial management.
Someone may require a guardian for a number of reasons. They may be elderly and have age-related mental or physical handicaps such that they can no longer take care of themselves. It may be a younger person that is left without a parent to provide care or guidance to them. Quite possibly, someone of any age may suffer an accident or fall victim to a debilitating disease, mental incapacity, or substance abuse.
The process begins by filing a petition in the New Jersey court system. This petition is usually filed by a spouse or family member and all parties will receive notice of the petition, including the person who will potentially be receiving the guardian. The court will appoint an attorney to represent them. Two physicians will examine this individual and provide a written report that provides their perspective to the court on their physical and mental condition.
The next step is a formal hearing at which the court will determine whether guardianship is necessary at the time and, if so, the court will then appoint a guardian. The court will set the parameters for the guardianship based on the interests and needs of the dependent that will receive the guardian.
Meanwhile, the guardian will have responsibilities throughout their time as caretaker, having to provide periodic reports to the court that will document the physical and mental condition of the dependent loved one and the perspective on whether guardianship should continue.
A legal guardian may be any person, a grandparent or other relative or a non-family member such as a family friend or foster parent. When caring for a minor, the time period for care may dictate the necessary legal process. For instance, grandparents or other relatives that are caring for a child on a short-term basis may only require a legal power of attorney from the child’s parents and not full-fledged guardianship.
Conservatorship is a process where the New Jersey court appoints a conservator to make financial decisions for a minor or incapacitated adult who may be unable to manage their own affairs. A conservatorship may be established due to mental deficiency or illness, physical disability, disappearance or other factors such as drug or alcohol abuse.
You may find that you have been asked or called to be the guardian of a minor or relative, but you only partially understand what the job actually requires or perhaps you were given inaccurate information. You need to understand that your actions matter and making decisions could result in a breach of your responsibilities or fiduciary duty. You may innocently move the person over which you have guardianship to another state, or you may do something to jeopardize their government benefits such as Medicaid.
Some of the many responsibilities you have as a guardian likely include:
Guardianship can be complicated and an often misunderstood area of New Jersey law. You may find that you have been asked or called to be the guardian of a minor or relative, but you only partially understand what the job actually requires or perhaps you were given inaccurate information. You need to understand that your actions matter and making decisions could result in a breach of your responsibilities or fiduciary duty. You may innocently move the person over which you have guardianship to another state or you may do something to jeopardize their government benefits such as Medicaid.
As an experienced guardianship attorney, Laura L. Ergood, Esq. focuses on helping clients in the South Jersey region establish the oversight and legal rights they require as a guardian. We work with our clients to understand their situation and ensure that both the guardian and their loved one are considered when establishing guardianship. By contacting us today, you can get the process started and begin to gain that piece of mind to know that you and your loved one will be protected. Call us today at 856-266-9525 or contact us online.
The combined experience of our attorneys and staff provide peace of mind for our clients throughout South Jersey as they navigate through Estate Planning, Estate and Trust Administration/ Probate, Guardianships and Elder Law issues such as asset protection and Medicaid Planning.
