Many states are passing laws to allow visitation by close family members regardless of whether a Power of Attorney or Guardian approves of the visit or not Family members now have legal remedies to compel their visitation of parents, siblings and close relatives I read a recent article about a son who has been restricted from visits with his mother. Eleven states, including New Jersey, now provide a legal remedy for relatives who have been prevented from visiting their ailing family members. Here’s more about this story. The History and Background to a Recent Case Where a Caregiver Denied Visitation by Son with His Mother Bill was always tight with his mother, Elaine, a part-time nursery school teacher who was …
Selecting The Right Person(s) to Be the Guardian of Your Child(ren)
Deciding who should be the guardian of your kids is a tough decision Close family members are not always the best choice This article discusses “What To Think About” when selecting a guardian for minor children Questions Parents Should Ask About Guardians for Their Children Here’s a good question I was recently asked by a father when discussing his last will. “We’re worried about what will happen to our minor child(ren) if anything happens to my wife and I”, he said “Are grandparents automatically her guardians? We don’t want that for our daughter because my parents are too old, and my wife’s mother is in very poor health. Our daughter is 8.” So what does N.J. law say about the …
Can the Legal Guardian or Parent of a Minor Child Set Up a Protective Trust?
This article discusses support trusts for minor children when a parent dies. New Jersey has a statute(s) that specifies the provisions that must be included in the trust. A surviving parent or legal guardian of a minor child can set up a trust. The guardian statutes in New Jersey provide a specific procedure for a surviving parent and/or legal guardian to set up a trust on behalf of their minor child who inherits property from their deceased father, mother, grandparent, or for that matter, any person. Under N.J.S.A. §3B:12-54.1, a parent or guardian may apply to the Superior Court for permission to set up a support trust for the benefit of the child or children when they will be receiving …
Becoming Guardian for an Elderly Father Should Be Last Resort
Questions about how to go about becoming a parent’s legal guardian are asked every week. Often by siblings who are at odds with other siblings over a parent’s care. A child believes Dad needs assisted living and the others think he belongs at home where he is comfortable. He’s very frail but has his faculties. The sister won’t listen and Dad won’t comment because he doesn’t want to play favorites. Brother and sister are constantly fighting about this. In this emotionally charged discussion motivated by genuine parental concern, either child could pursue becoming their father’s legal guardian, but I would only reluctantly recommend it. It’s an expensive process, would be traumatizing for everyone, and probably damage your relationship with the …
Guardianship and Your Right to Vote
A colleague who knows of my extensive guardianship law background asked if he was correct in his thinking that a person declared to be incapacitated continues to retain the right to vote unless that right is specifically taken away in the judgment of guardianship. He is correct. Under NJ law, an incapacitated person retains the right to vote unless the guardianship judgment states otherwise. However, that is not the law in about 10 States so if there’s a possibility that the person may not stay in New Jersey it may make sense to have the judgment specifically state that the person retains the right to vote wherever he/she resides. To explain the New Jersey Constitution states that “no person who …
Does a Guardian of an Estate Have the Power to Execute a Beneficiary Designation Form?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Guardianship Attorney I was recently asked a question about the title of this blog wherein the Judgment of Incapacity and Appointment of Guardian did not have a specific provision authorizing the Guardian of the Estate of an incapacitated person to complete a beneficiary designation form for the person’s inherited IRA. In this case, the person had no estate plan and he inherited a substantial account from his predeceased spouse but now he was incapacitated. The judgment approving the guardianship did not specify an estate planning power for non-probate assets. In my research, I cannot find any broad power which permits a guardian to designate …
Standby Guardianship in NJ: An Interesting Concept
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County NJ Guardianship Attorney I was reading an article about guardianship that I thought was worth summarizing for my readers. The article was about a Standby Guardian. A Standby Guardianship is an individual appointed by a parent for the benefit of his/her child in the event the parent dies, or becomes incapacitated or is unable to care for the child while alive. Think of a Standby Guardian as a person who is “on call,” ready to take over or help with the care of a child or disabled adult. A Standby Guardian serves on a temporary basis until a permanent Guardian is appointed by the court. A Standby Guardian is appointed …
Why Is a Guardianship Necessary in New Jersey?
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 authorized consent. A guardian can provide legal consent to authorize a medical procedure. Having a legal guardian appointed is also necessary in order to give consent on behalf of a person in situations regarding their well-being, such as consenting to treatment plans, consenting to the use of medications, acknowledging receipt of rules, regulations and rights, and signing various forms regarding benefits, procedures, etc. A 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 has been appointed conservator may also seek compensation by making a request to the court. Financial Support for Someone under a Guardianship A conservator isn’t required to support the guardian, just to manage the guardians’ own assets and make personal decisions for him or her. A financial guardian does have the responsibility to seek all financial benefits and coverage for which the guardian may qualify. …
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 happens when a guardianship proceeding is filed? The Court Process and Guardianships Anyone — including the proposed guardian, family members, and friends — may object to a guardianship in general, or to the specific choice of a proposed guardian. Someone who wants to block a guardian must file papers with the court, inform all interested parties (the proposed guardian, family members, and possibly close …