By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney In my last blog, I started talking about the case of In re Cohen, which focused on the issue of a guardian making gifts on behalf of his or her ward that directly contradicted an estate plan created previously by a ward. Our ward in […]
Category Archives: Guardianship
What Is a Representative Payee Under Social Security
By Frederick P. Niemann of Hanlon Niemann & Wright, a NJ Elder Law Attorney More than eight Million People, who get monthly Social Security or Supplemental Security Income (SSI) benefits, need help managing their money. In these cases, Social Security will approve the appointment of a relative, friend, or other interested party to serve as […]
Guardianship & Conservatorship for Incapacitated Adults (Part II)
By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney Only a judge can decide if a person is incapacitated and then he or she will appoint a guardian and/or conservator for that person. Once a judge decides that a person needs a guardian and/or conservator, the judge has discretion in deciding who the guardian […]
Gifts, Wills, and Guardians: A Case Study (Part 1 of a 3-Part Post)
By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney A judgment of incapacity has legal significance in our judicial system. The appointment of a guardian confers such power and responsibility onto this person that our courts, through the Surrogate, require this person to report in on the well-being of his or her ward, along […]
Guardianship & Conservatorship for Incapacitated Adults (Part I)
By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney There are two primary types of guardianships in New Jersey – guardianships for children and guardianships for incapacitated adults. This discussion will address guardians and conservators for incapacitated adults, which includes (1) adults of any age with developmental disabilities over age 18 and (2) adults […]
Guardianship Commissions in New Jersey
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Guardianship Attorney Questions often come up concerning compensation available to a Guardian if appointed by the Superior Court of New Jersey. The following blog discusses the commission schedule which a Guardian is entitled to receive under New Jersey Law. It is as follows: (1) […]
A Guardian or Power of Attorney Who Assumes a Duty to Care for a Person Over Age 60 Can Be Charged With Elder Abuse in New Jersey
By Fredrick P. Niemann of Hanlon Niemann, a Freehold New Jersey Elder Abuse Attorney Crimes against those who cannot realistically defend themselves are considered particularly offensive because of the one-sided nature of the relationship, especially in cases involving the aged and the disabled. One of the most common offenses involves endangering the welfare of the […]
Who Guards the Guardians?
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Guardianship Law Firm New Jersey Guardianships ask everyday people to step up to the plate for someone else. Guardians are crucial to the way we protect people. However, the job isn’t easy and people who enter these situations aren’t always prepared. After all, who […]
The Bank Says I Need Guardianship for Mom
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Guardianship Attorney I hate the arrogance of many banks and brokerage firms. They often times make my professional life and that of my clients difficult, especially when it comes to Powers of Attorney (POA’s). Here’s an example of what we typically go through. A […]
Learning the Difference Between a Power of Attorney and a Guardianship, Part II
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a NJ Guardianship Attorney For individuals who lack mental capacity, a guardianship is the only solution that will ‘permit another person, called the “guardian,” to make decisions for them. Unlike a power of attorney, a guardianship is an involuntary action. The potential guardian files an action in […]