Guardianship Law

Is Guardianship Needed Now… or Soon?

If So, Learn What You Can Do Today!

NJ Guardianship LawyerWhen a loved one reaches a point in his or her life where, due to either old age or disability (especially in young 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 decisions, 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 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 requires a guardianship vary from state to state. The standards are different depending on whether a complete guardianship or a limited guardianship is being sought. In New Jersey, a person is generally considered to need guardianship when he or she shows a lack of 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 of some physical or cognitive condition that renders them at risk of injury, death, or financial exploitation.

A person can’t be declared incompetent 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 developmental disability or mental illness is not, by itself, enough to declare a person incompetent.

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
Mere words cannot express my gratitude that I have for Fred, Bonnie, Diane, and Michele for their caring, understanding and professionalism in the worst time in my life.  They made a very difficult period bearable.  Thank you.
—John McDonnell, Middletown, 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;
  • Acceptance or denial of medical care;
  • Control of food, clothing and shelter;
  • Control of financial and contractual affairs;
  • 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?

Fredrick P. Niemann Esq.

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 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