New Jersey Guardianship

Applying for Medicaid  in New Jersey

Is Guardianship Needed Now… or Soon?  If So, Learn What You Can Do Today!

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 and 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.

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.

Do You Need Help with a Guardianship in New Jersey? Hanlon Niemann Can Help You and Your Loved One Today

When a loved one reaches a point in his or her life where, due to either old age or disability (especially in young adults), and he or she cannot effectively care for personal, medical and financial matters, it may be wise to consider a NJ legal guardianship or conservatorship.

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) or a loved one.

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 will be limited to those decisions that will meet the level of need by the incapacitated person. Some of these decisions may include, but not be 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 preservation planning;
  • Restriction of loved one’s civil rights and personal freedom.

The skilled New Jersey guardianship and conservatorship attorneys with Fredrick P. Niemann, Esq. and Hanlon Niemann 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 conservator/guardianship relationship develops.

Legal Guardianship or Conservatorship in NJ:  Which is the Right Choice?

In New Jersey, a conservatorship is more limited than a legal guardianship and is voluntary. Like a legal guardianship, a conservatorship is a court-ordered relationship between a caregiver and a person who’s unable to make sound decisions due to old age or mental or physical disability. Unlike a legal guardianship, however, a conservatorship concerns only the conservatee’s financial matters when they need assistance. If found necessary, a conservator will be appointed by a judge and given those 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;


Rutgers State University is pleased to invite Mr. Fred Niemann of Hanlon Niemann to be the guest speaker at their workshops for the Office of Continuing Education. Mr. Niemann will offer continuing Education courses on “Elder Abuse and Financial Exploitation”, “Hidden Secrets of Veterans Benefits”, “Veterans Aid and Attendance Benefits 2013″, “Medicaid Changes: The Approaching Storm”, and the “New NJ Comprehensive Waiver Demonstration”. Click here to check our website for current dates for these events.


Fredrick P. Niemann, Esq. was recently asked to speak at the NJ State Bar Association Institute of Continuing Legal Education in New Brunswick, NJ on the essentials of estate planning.

Mr. Niemann addressed attorneys from throughout the state of NJ interested in learning key concepts and principals of NJ estate planning, including such topics as wills, trusts, estate taxations, asset protection, powers of attorney, health care directives, special needs and supplemental needs trusts for disabled and incapacitated individuals, avoiding probate through creative use of beneficiary planning, inheritance taxes, gifting and changes coming to federal estate taxation.


Fredrick P. Niemann, Esq. attended the 46th annual Heckerling Institute on Estate Planning conference from January 9th to January 13th at the Orlando World Center sponsored by the Community of Miami School of Law.  This week long session assembled the nation’s leading authorities to lecture and discuss the latest in estate planning techniques and strategies.  Topics analyzed and discussed included 1) elder law; 2) asset protection; 3) statutory case law developments; 4) planning with financial assets including annuities, Roth IRA’s, and life insurance policies; 5) litigation and tax controversies; 6) networking and practice development.