Just How Far Can a Guardian Go in Making Health Care Decisions?
Guardianship is an import tool for protecting incapacitated adults who are unable to care for themselves. One role of the guardian is to make …
Guardianship is an import tool for protecting incapacitated adults who are unable to care for themselves. One role of the guardian is to make …
In the case of the death of a parent having custody of a minor child(ren), the care and custody of minor children does not …
Introduction What is the legal status of a non-birth spouse to a child(ren) born to their spouse during marriage? What happens if the birth …
Almost every day, a family contacts my office with concerns about their loved ones’ mental health and has questions about New Jersey’s Civil Commitment …
An action for guardianship of an alleged incapacitated individual and the proceedings required for a judgment of incapacity are governed by court rules and …
A contract with an incapacitated person is generally voidable by the incapacitated party. Voidable means it can be cancelled by a legal representative of …
Siblings can demand a financial account and visitation from another sibling(s) who is a fiduciary (trusted agent) for their parent(s) or a disabled person …
Occasionally, a client does not want a declaration of “incapacity” (as used in various planning documents and NJ case law) made by a physician. …
Guardianship Modification for Interstate Guardianship Video Recently, parents who are guardians of their disabled adult child moved to NJ from Maryland and inquired about …
NJ court rules govern payment of counsel fees in guardianship actions. If adult protective services fails to perform their statutory responsibilities, they can be …
Absent proof of parentage by blood or adoption, NJ law does not permit a party to become the legal guardian of another. In a …
A guardianship is a legal proceeding filed in court where you ask a judge to appoint a guardian for an incapacitated adult. NJ court …
Recently, a NJ court entered a temporary order for the involuntary commitment of a young mother for inpatient treatment. A legal hearing to review …
In a recent NJ Appellate Division case, the court found that a trial judge made a mistake by refusing to vacate a civil commitment …
What if someone makes a Will without being of ‘sound mind’? Can a court decide for someone that their Will is not in their …
New Jersey has a program that provides financial help to individuals caring for their grandchildren, nieces, nephews, or other children. It is called the …
The general rule (actually, it’s the law) is that a person who seeks to become a guardian for someone must have legal standing, meaning …
I received this email today and thought it would be an excellent post on our website for everyone who is serving as a guardian …
Families about to apply for legal guardianship are under a lot of stress. COVID-19 has amplified the stress they may face. If you were …
In every guardianship case, the court appoints an attorney for the alleged incapacitated person. Their attorney is required by court rule to advocate a …
Notice to the Bar – Guardianships of Adult Incapacitated Persons – Supreme Court Relaxation of Rule 4:86 During COVID-19 Crisis The Supreme Court has approved …
NJ has many foreign-born parents with minor children If a foreign-born parent dies can they appoint a guardian for their children from their home …
Many states are passing laws to allow visitation by close family members regardless of whether a Power of Attorney or Guardian approves of the …
Deciding who should be the guardian of your kids is a tough decision Close family members are not always the best choice This article …
This article discusses support trusts for minor children when a parent dies. New Jersey has a statute(s) that specifies the provisions that must be …
Questions about how to go about becoming a parent’s legal guardian are asked every week. Often by siblings who are at odds with other …
Question A parent dies with a large estate and leaves behind a minor child(ren). The decedent was divorced when he/she died. How can the …
A colleague who knows of my extensive guardianship law background asked if he was correct in his thinking that a person declared to be …
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Guardianship Attorney I was recently asked a question …
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County NJ Guardianship Attorney I was reading an article about guardianship that I thought was …