A family member may become unable to manage his or her affairs due to illness or disability. Proper estate planning before a loved one becomes incapacitated can often avoid the need for a guardianship attorney. However, if you or your loved one requires a legal guardian, it is important to work with an experienced New Jersey Guardianship Attorney who can guide you through the legal proceedings required by the Court.
The New Jersey courts have jurisdiction over a guardianship action under their parens patriae power, which is the authority of the State to protect its citizens. To establish a guardianship, a petition must be filed with the Court and a hearing held. The person filing the petition must establish that the alleged incapacitated individual is incapable of managing their affairs. This is done through testimony of medical professionals, who must examine the individual and provide a professional medical determination as to their incapacity. Consult the help of an experienced guardianship attorney to help guide you through the process.
If the court finds the incapacity, it will then decide if the individual is entitled to a general or limited guardianship. A general guardian, which is sometimes referred to as a plenary guardianship, covers decision-making for residential, educational, medical, legal, vocational, and financial issues. A limited guardianship is appropriate when the individual has been found capable of making some, but not all decisions for themselves.
Once a legal guardian has been appointed, it is the responsibility of the guardian to act on behalf of the ward in accordance with the law and with the best interests of the ward as determined by the Court. The guardian must also keep in contact with the ward to ensure his or her needs are being met. In the event that a guardian is not fulfilling their duties, the Court will conduct a periodic review and hearing. The guardian can be removed, but it is costly and time consuming to do so. Speak to a New Jersey guardianship attorney if you or your loved ones need a legal guardian.
New Jersey Guardianship Monitoring
The Courts monitor the administration of guardianships through the Guardianship Monitoring Program (GMP), which is a statewide volunteer-based program. Trained GMP volunteers review and monitor guardianship files, ensuring that the guardianships comply with the statutory requirements to file reports and manage their ward’s affairs effectively.
New Jersey Conservatorship
A conservatorship, which can be established in place of a full guardianship, is an alternative for individuals who do not require complete control of their loved ones’ estates. In a conservatorship, the guardian has the ability to communicate with medical and financial professionals and make payments on behalf of an incapacitated person. The ward may have input into these decisions, but does not have the power to direct the conservator’s actions. If you have questions about the appropriateness of a conservatorship for your elderly family member, please speak with a New Jersey guardianship attorney to schedule a consultation. We will analyze your situation, identify opportunities for Medicaid eligibility, and assist you with the appropriate proceedings.
Legal Guardianship is the process by which a court authorizes an individual to make binding decisions on behalf of another individual. If a family member has a disability or is elderly and no longer capable of managing their affairs, or if your loved one has suffered from a severe stroke or accident that has left them incapacitated, a guardianship attorney can help guide you through the Legal Guardianship Process.
The Guardianship process in New Jersey begins when a family member or a concerned professional (such as a hospital or nursing home) files a Verified Complaint and Order to Show Cause for Guardianship with the Superior Court, Chancery Division, Probate Part of the county in which your loved one resides. The Complaint contains certifications from two medical doctors, or one doctor and a psychologist, who have examined your loved one. It also contains an affidavit detailing all assets the alleged incapacitated person owns or has an interest in, as well as any compensation, pensions, insurance, or income that they receive.
There are two types of guardianships available: general and limited. A general guardianship, sometimes referred to as a plenary guardianship, allows the guardian to make all decisions concerning your loved one’s personal and property matters. This includes residential, medical, educational, vocational, and financial issues. A limited guardianship, on the other hand, is limited to decision-making in specific areas such as healthcare, finance, and education. Speak to an experienced guardianship attorney to determine which guardianship is appropriate for you.
Depending on the results of the medical expert’s evaluation, a judge may determine that your loved one does not have the ability to make any decisions for themselves or to express their desires. If this is the case, the judge will appoint a guardianship attorney to take on this role, most often a spouse or sibling.
Guardianship proceedings are usually contested by the alleged incapacitated person, their attorneys, or other interested parties. These disputes can be emotional, bringing up sensitive family issues and exposing difficult truths. Our guardianship attorney prepares our clients from the outset to expect that the process will be contentious, and we work diligently to achieve a positive outcome for everyone involved.
If your loved one has been receiving state services, such as residential care, day programs, or supported living, they have likely already had a guardianship assessment conducted by the New Jersey Division of Developmental Disabilities. These assessments are very thorough and provide the courts with the information they need, where a guardianship attorney's expertise can be beneficial in determining whether a guardianship should be granted.
Guardianships are the legal authority to make decisions for another person, oftentimes a parent or loved one. Unlike Powers of Attorney, which are used to name someone who has authority over financial, medical and/or legal issues when that individual is capable of making these choices for themselves, a guardianship attorney can help guide you through guardianship proceedings, a court process to provide protections for incapacitated individuals who cannot speak for themselves or act on their own. This is an area of law where the expertise and guidance of a skilled New Jersey guardianship lawyer can be vital to ensuring that your loved ones are taken care of.
The first step in a guardianship proceeding involves filing a petition with the New Jersey state court system. This requires the testimony of a medical professional to establish that the person seeking a guardianship attorney has been rendered incapable of making or expressing decisions. At that point, the court will appoint either a general or limited guardian to manage those issues on behalf of that individual.
Our firm represents clients in all matters involving incapacitated persons, including the filing of guardianship actions with the help of a guardianship attorney. We prepare our clients from the outset for the possibility that the proceeding may be contested by the proposed ward, his or her spouse or caretakers, or other interested parties. Our lawyers have extensive experience in handling these delicate and emotional issues, and work to bring the parties together as best as possible.
In many cases, a person will require guardianship due to a serious medical condition such as dementia or Parkinson’s disease, where a guardianship attorney can provide valuable advice. In these cases, our team will work with the court to appoint the appropriate guardian. The role of the guardian is to protect and advocate for the ward, and this is a difficult job, but it is also a very important one. The court will regularly review the guardian’s performance and determine if there are any issues that warrant intervention or a change in guardian.
If an incapacitated person had a properly drafted power of attorney and health care proxy before losing capacity, the use of a guardian would not be necessary. However, in some situations, a poorly drafted document or the death of a designated agent can render these documents ineffective and a guardianship attorney may be needed.
In addition to the ongoing duties of a guardian, he or she is required to file annual reports with the court detailing the status and condition of the ward, as outlined by a guardianship attorney. These reports include a physician’s statement and the guardian’s observations of the ward’s well-being.
Whether you have been asked to serve as a guardian or are considering doing so, it is important to meet with a seasoned New Jersey guardianship attorney before taking on this significant responsibility.
The Matus Law Group
125 Half Mile Rd #201A, Red Bank, NJ 07701
(732) 785-4453