NJ Supreme Court Adds Yet Another Requirement to Becoming a Guardian
A guardianship is a legal proceeding filed in court where you ask a judge to appoint a guardian for an incapacitated adult. NJ court …
An Expert Medical Opinion is Required to Order an Involuntary Commitment
Recently, a NJ court entered a temporary order for the involuntary commitment of a young mother for inpatient treatment. A legal hearing to review …
Involuntary Civil Commitments Must Follow the Law
In a recent NJ Appellate Division case, the court found that a trial judge made a mistake by refusing to vacate a civil commitment …
Is it Possible to Overturn a Will During the Testator’s Lifetime?
What if someone makes a Will without being of ‘sound mind’? Can a court decide for someone that their Will is not in their …
Kinship Legal Guardianship: You Can Get Financial Aid in NJ to Care for Your Grandchildren and Sister’s Kids
New Jersey has a program that provides financial help to individuals caring for their grandchildren, nieces, nephews, or other children. It is called the …
Who Has Standing to File a Guardianship Action?
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 …
Guardianship in the Time of COVID-19: FAQ for Guardians and Others
I received this email today and thought it would be an excellent post on our website for everyone who is serving as a guardian …
Guardianship Proceedings in the Time of COVID-19
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 …
Understanding the Role of the Court Appointed Attorney in a Guardianship Action
In every guardianship case, the court appoints an attorney for the alleged incapacitated person. Their attorney is required by court rule to advocate a …
NJ Supreme Court Dramatically Relaxes its Rules on Guardianships. Get the Details Here.
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 …
Family Members Fight for Right to Visit Ailing Parents and Relatives
Many states are passing laws to allow visitation by close family members regardless of whether a Power of Attorney or Guardian approves of the …
Selecting The Right Person(s) to Be the Guardian of Your Child(ren)
Deciding who should be the guardian of your kids is a tough decision Close family members are not always the best choice This article …
Can the Legal Guardian or Parent of a Minor Child Set Up a Protective Trust?
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 …
Becoming Guardian for an Elderly Father Should Be Last Resort
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 …
A Legal Guardian Can Create a Trust for the Benefit of a Minor Child
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 …
Guardianship and Your Right to Vote
A colleague who knows of my extensive guardianship law background asked if he was correct in his thinking that a person declared to be …
Does a Guardian of an Estate Have the Power to Execute a Beneficiary Designation Form?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Guardianship Attorney I was recently asked a question …
Standby Guardianship in NJ: An Interesting Concept
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County NJ Guardianship Attorney I was reading an article about guardianship that I thought was …
Why Is a Guardianship Necessary in New Jersey?
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold Township, Monmouth County, NJ Guardianship Attorney One of the most important reasons to have …
How Guardians Are Compensated in New Jersey
By Fredrick P. Niemann, Esq. a NJ Guardianship Attorney Guardians are reimbursed for expenses, and paid for their services, from the assets of the …
Understanding the Basics of a Guardianship Proceeding in New Jersey
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County, NJ Guardianship Attorney The best way to avoid a guardianship is for an older person …
What is the Difference Between a Conservatorship and Adult Guardianship in New Jersey?
By Fredrick P. Niemann, Esq. of Hanlon Niemann a Monmouth County, NJ Guardianship Attorney A conservator in a NJ conservatorship has the court-ordered authority …
New Jersey Introduces the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (the“UAGPPJA”)
By Fredrick P. Niemann, Esq. a New Jersey Guardianship Lawyer The UAGPPJA Act has been introduced in New Jersey among other states. It’s about …
Gifts, Wills, and Guardians: A Case Study (Part 3 of a 3-Part Post)
By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney So far, in my last two blog entries, I have discussed the fight over …
Gifts, Wills, and Guardians: A Case Study (Part 2 of a 3-Part Post)
By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney In my last blog, I started talking about the case of In re Cohen, …
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 …
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 …
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 …
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 …
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 …
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