Is Guardianship Needed Now… or Soon?
If So, Learn What You Can Do Today!
When a loved one reaches a point in his or her life where, due to either old age or disability (especially in younger adults), he or she cannot effectively care for personal, medical and financial matters, it’s time to consider a legal guardianship or conservatorship.
Many families whose lives are affected by aging, disability, mental or physical incapacity and/or illness worry about the future. Who will care for me and my loved one now or when I become incapacitated? Will he or she have the support, resources and services that they need? Who will look out for them, protect them? Who will help them make important medical, financial and life care decisions? Will they need a court appointed guardian or conservator?
When you need the answers to these important questions and decisions need to be made, consult with a caring, knowledgeable and experienced NJ guardianship attorney at Hanlon Niemann & Wright.
Call our office today. Ask for Mr. Niemann to personally discuss in confidence and privacy your Guardianship concerns and questions toll-free at (855) 376-5291 or e-mail him at email@example.com. You’ll be glad you did.
Introduction to New Jersey Guardianship Laws
When is a Person Subject to Guardianship Under NJ Law?
Laws defining when a person is subject to guardianship vary from state to state. Legal standards are also different depending on whether a complete guardianship or a limited guardianship is being requested. In New Jersey, a person is generally considered to need a guardianship when he or she lacks the capacity to make rational decisions with an understanding of the consequences of those decisions for both their general health and welfare, safety and/or financial well-being. A good example is when a person cannot be left alone because a physical or cognitive condition renders them at risk of injury, death, or financial exploitation (like leaving the stove on for hours at a time, driving aimlessly around and getting lost).
A person can’t be declared in need of a guardianship simply because he or she makes irresponsible or foolish decisions. The person must show a lack of capacity (understanding) to make sound decisions. For example, a person may not be declared incompetent simply because he or she spends money in ways that seem odd to someone else. Also, a confirmed medical diagnosis of a developmental disability or mental illness is not, by itself, enough to medically support a guardianship. There must be more… a finding of serious risk, injury, financial exploitation, or death to the person
Understanding the Role of Being a Guardian or Conservator
A guardian or conservator is a person selected by the court. The person or persons who are appointed are called “guardian(s)” or “conservator(s)”. A guardian or conservator attends to the personal and/or financial needs of another.” In the context of elder law, a spouse or child is typically appointed as legal guardian or conservator and given various powers to protect their spouse, parent(s), adult child, or a loved one.
I am 86 years old, a widow and live in Manalapan, New Jersey. I cannot say enough about the caring, kind and compassionate staff with Fredrick P. Niemann. Mrs. Urciuoli always takes my calls and knows me by my first name. She is patient and concerned about me and my welfare. She has even called to wish me happy holidays and check on my health. Fredrick P. Niemann and the attorneys and staff of his office are a special law firm.
Ruth Leibowitz, Manalapan, NJ
I thank you from the bottom of my heart for successfully representing me and getting the court to award guardianship of my mother to me. You have done excellent research, follow up and demonstrated professional skills as an attorney in this matter. I applaud you for your patience, understanding, guidance and compassion not only to my mother but to me and my sister. You have been prompt in responding to my questions by emails in a timely manner. Thank you again.
Baktha Kumar – Union, NJ
From start to finish, the entire experience of the “dreaded” estate planning and especially preparing our special needs child trust agreement went so smoothly. That is thanks to the professionalism and dedication of Mr. Niemann and his wonderful staff. Mr. Niemann, with the help of Lucille and Michele managed to guide us with sound advice, answer each and every question that arose (and there were many!) with the utmost patience, sensitivity and always with a smile on their faces. Thank you from the bottom of our hearts! We will be counting on all of you for helping us to obtain guardianship of Hannah next year!
Sharon Arafa – Cliffwood, NJ
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Understanding the Legal Authority and Powers of a Guardian Under New Jersey Law
The appointment of a legal guardian in New Jersey is something that’s not taken lightly by the court. The legal guardian is charged with addressing the needs of the incapacitated person. Some of the powers given to the guardian include, but are not limited to
- Choice of where the loved one resides (i.e., home residence, assisted living or nursing home care);
- Acceptance or denial of medical care (i.e., physicians, hospitals, medications, etc.);
- Control of financial and contractual affairs (i.e., bookkeeping, banking, finances, investments);
- Estate and asset protection planning;
- Restrictions over personal freedom, choice, and mobility;
- Restrictions and limitations over visitation, solicitations & contact(s) by undesirable persons.
The experienced guardianship and conservatorship attorneys with Fredrick P. Niemann, Esq. and Hanlon Niemann & Wright can help you present the legal and medical evidence for the needed guardian or conservator to be appointed and can help you maintain compliance with the court’s directives as the conservator/guardianship relationship evolves.
Call our office today. Ask for Mr. Niemann to Personally Discuss Your NJ Guardianship
He welcomes your calls and inquiries and you’ll find him very approachable and easy to talk to.
I look forward to speaking with you soon.
Legal Guardianship or Conservatorship in NJ: Which is the Right Choice?
Sometimes a legal arrangement can be established for a person that does not require the filing of a Guardianship application. This alternative to guardianship is called a “conservatorship”. In New Jersey, a conservatorship is more limited than a guardianship. It is voluntary, meaning the person must consent to having a conservator appointed for him or her. Like a legal guardianship, a conservatorship is a court-ordered relationship between a financial protector and a person who is unable to make sound financial decisions due to old age or mental or physical disability. Unlike a legal guardianship, however, a conservatorship concerns only the person’s financial matters when they need assistance. If necessary, a conservator will be appointed by a judge and given powers necessary to make the following financial decisions:
- Power and duty to make reasonable payments for the support, maintenance, and education of the conservatee;
- Power and duty to pay all lawful debts owed by the conservatee;
- Power and duty to possess and manage the conservatee’s assets;
- Power and duty to collect all debts owed to the conservatee;
- Power to engage in tax, estate, and asset preservation planning;
Let’s Get Into a Detailed Discussion About New Jersey Guardianship
Here are some real life testimonials
Fred is an amazing and dynamic person. I have attended a few of his work shops and CEU events over the years and his interactive discussions have been both educational and entertaining. He is one of the few lawyers out there that I do trust and does whatever he says he is going to (Accountability) who ever I have referred his way has always thanked me for connecting them and this is why I continue to work w/ Fred. Great person, excellent ethics, and very knowledgeable. I highly recommend him.
Steve Weiss, Regional Director of Professional Relations, Senior Bridge
If you are searching for a special attorney, someone who is experienced, likeable as a person and professional, call Mr. Niemann. I felt good about my choice.
—Frank Mollo, Manchester, NJ
Guardianship Attorneys serving these New Jersey Counties:
Monmouth County, Ocean County, Essex County, Cape May County, Mercer County, Middlesex County, Bergen County, Morris County, Burlington County, Union County, Somerset County, Hudson County, Passaic County
New Jersey Guardianship Lawyer | Conservatorship Attorney in NJ
Written by Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, A New Jersey Guardianship Attorney
HNW Elder Law Practice Areas | Guardianship in New Jersey