By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold Township, Monmouth County, NJ Guardianship Attorney One of the most important reasons to have a guardianship in place is to expedite medical treatment needed by the disabled person. Doctors and hospitals under certain conditions may refuse to perform non-emergency procedures on disabled patients without legally […]
Category Archives: Guardianship
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 person they are taking care of. Payments must be “reasonable” in the eyes of a court. Generally, payments are only made to professional or public conservators, but a family member who […]
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 to prepare a durable power of attorney before a health crisis occurs. That way, someone handpicked will be able to step in to make financial and medical decisions if necessary. But […]
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 and responsibility to manage the affairs of those who can no longer make their own decisions about finances. If the incapacitated person had planned ahead and signed a durable financial power […]
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 time. Oftentimes, problems with a guardianship develop even without a guardianship dispute. When everyone agrees that an already existing guardianship or conservatorship should be moved to another state, few states have […]
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 Henrietta’s estate plan, who prior to being declared incapacitated in 1997, established an estate plan designed to benefit both of her boys and their families, and was specifically designed to place […]
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, 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 […]
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 […]