Elder Care Laws Involving Guardianships and Conservatorships

Do You Need an Elder Care Lawyer to Assist With a Conservatorship or Legal Guardianship in New Jersey?

The Elder Care Lawyers at Hanlon Niemann are Experienced and Trusted in NJ Guardianships and Conservatorships.  Please Contact Us Today.

As we age, life gets harder.  When a loved one reaches a point in his or her life where, due to either old age or a disability, he or she cannot effectively care for personal, medical and financial matters, it may be time to consider a legal guardianship or conservatorship. A conservator or legal guardian is a person selected by the court in which the appointed person, a “guardian” or “conservator” handles the personal and/or financial needs of another.

Generally, a spouse or child is appointed as legal guardian or conservator and given various powers to protect a loved one. Did you know that in NJ a spouse and/or an adult child has no legal authority over his/her spouse or parent and neither does a parent have legal decision-making authority over their adult child(ren)?

The appointment of a legal guardian is a serious process in New Jersey. A legal guardian makes all decisions that impact the daily life of an incapacitated person. Some of these decisions include:

  • Restriction of a loved one’s civil rights and personal freedom
  • Control of financial and contractual affairs;
  • Choice of where the loved one resides;
  • Decision making over food, clothing and shelter choices;
  • Acceptance or denial of medical care;
  • Estate and asset preservation planning;
  • Visitation and communication access

The Importance of Using an Elder Care Attorney to Assist With a Legal Guardianship in NJ

Are You Torn Between a Conservatorship and Legal Guardianship? Let an Experienced NJ Elder Care Lawyer Help You Decide Which One is the Best for You and Your Loved One

In New Jersey, a conservatorship is more limited than a guardianship.  It is also voluntary, meaning if a person objects to a conservatorship, then your only recourse is a legal guardianship or a protective proceeding. Like a guardianship, a conservatorship is court-ordered and involves a caregiver and a person who is unable to make decisions for himself or herself due to old age or a mental or physical disability. Unlike a legal guardianship, however, a conservatorship concerns only the conservatee’s financial matters the conservator does not have control rights over the non-financial affairs and decisions of the weakened person. A conservator will be appointed to handle those powers necessary to make the following financial decisions:

  • Authority to make payments for the support, maintenance and welfare of the conservatee;
  • Power to undertake estate and asset preservation planning, including Medicaid eligibility.
  • Power and duty to pay all lawful debts owed by the conservatee;
  • Power and duty to collect upon all debts owed to the conservatee;
  • Power and duty to possess and manage the conservatee’s property and assets;

A NJ Guardianship and Conservatorship attorney can help you not only present the best evidence for the need of a guardian or conservator but can help you continue to maintain compliance with the court’s directives as the conservation/guardianship relationship develops.

Fred Niemann, NJ Elder Care Lawyer

Fred Niemann, NJ Elder Care Lawyer

After you’re finished, you can call Fredrick P. Niemann

toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com.

He welcomes your calls and inquiries and you’ll find him easy to talk to about your most sensitive concerns.

Actual Client Testimonial

Early Dementia, Alzheimer’s. My Mom’s health deteriorated to the point she required full-time care. She wanted to live at home but required regular help with the essentials of daily living (i.e. dressing, bathing, etc.). As her caregiver daughter, the responsibilities fell on me to figure out what to do. Thank goodness for Hanlon Niemann & Wright and Mr. Niemann.

He met with me and explained all my options for my mom, from at home/community care, assisted living, state, county and local programs for the elderly, financial eligibility for benefits, Medicaid qualification, pharmaceutical assistance, utility aid, Medicare and Veteran’s benefits, etc. While I felt overwhelmed by it all, Mr. Niemann clearly was in control of what could be done for Mom. We engaged him to make applications for subsidized at-home care and assistance through available grant programs and as part of his services to us, he is counseling us on a reverse mortgage, income and financial products to enhance Mom’s monthly income and to reduce her expenses. Mom would tell me to let Mr. Niemann make all the decisions although I am her Power of Attorney. I value so much his confident and generally caring manner. If you’re trying to help your Mom, Dad or family member deal with a life changing health condition, call Hanlon Niemann. I’m glad I did and so is Mom.

Mary Layton – Farmingdale, NJ

Written by Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a New Jersey Elder Care Attorney

Elder Law Lawyers serving these New Jersey Counties:

Monmouth County, Ocean County, Essex County, Cape May County, Camden County, Mercer County, Middlesex County, Bergen County, Morris County, Burlington County, Union County, Somerset County, Hudson County, Passaic County