How Do You File for Guardianship? A Simple Step-by-Step Explanation
An action for guardianship of an alleged incapacitated individual and the proceedings required for a judgment of incapacity are governed by court rules and …
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 …
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold Township, Monmouth County, NJ Guardianship Attorney One of the most important reasons to have …
By Fredrick P. Niemann, Esq. a NJ Guardianship Attorney Guardians are reimbursed for expenses, and paid for their services, from the assets of the …
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 …
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 …