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Guardianship Law

Call Us Today Toll Free: 855-376-5291

Guardianship Law

Call Us Today Toll Free: 855-376-5291

What is Legal Liability of an Incapacitated Person Who Signs a Contract?

HNW January 24, 2023 Guardianship Law

A contract with an incapacitated person is generally voidable by the incapacitated party. Voidable means it can be cancelled by a legal representative of …

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Guardianship Law

Siblings Can Demand a Financial Accounting and Visitation from a Fiduciary

HNW July 24, 2022 Guardianship Law, Power of Attorney, Understanding When a Trust Should Be Used in NJ

Siblings can demand a financial account and visitation from another sibling(s) who is a fiduciary (trusted agent) for their parent(s) or a disabled person …

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Guardianship LawPowers of Attorney and Health Care DirectivesTrust Law and Litigation

Understanding the Definition of Incapacity Under NJ Law

HNW July 12, 2022 Guardianship Law, Power of Attorney

Occasionally, a client does not want a declaration of “incapacity” (as used in various planning documents and NJ case law) made by a physician.  …

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Guardianship LawWill Contest and Probate Litigation

Understanding the NJ Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

HNW July 6, 2022 Guardianship Law, Will Contest and Probate Litigation

Guardianship Modification for Interstate Guardianship Video Recently, parents who are guardians of their disabled adult child moved to NJ from Maryland and inquired about …

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Guardianship Law

In Guardianship Cases, Payment of Counsel Fees is at the Discretion of the Court

HNW June 7, 2022 Guardianship Law

NJ court rules govern payment of counsel fees in guardianship actions. If adult protective services fails to perform their statutory responsibilities, they can be …

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Guardianship Law

To Be Appointed Guardian You Must Be Related by Blood or Marriage or Be the Power of Attorney Before Incapacity Strikes

HNW March 9, 2022 Guardianship Law

Absent proof of parentage by blood or adoption, NJ law does not permit a party to become the legal guardian of another. In a …

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Guardianship Law

NJ Supreme Court Adds Yet Another Requirement to Becoming a Guardian

HNW August 30, 2021 Guardianship Law

A guardianship is a legal proceeding filed in court where you ask a judge to appoint a guardian for an incapacitated adult.  NJ court …

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Guardianship Law

An Expert Medical Opinion is Required to Order an Involuntary Commitment

HNW August 19, 2021 Guardianship Law, Public Benefits Law for Special Needs and Disabled Persons

Recently, a NJ court entered a temporary order for the involuntary commitment of a young mother for inpatient treatment.  A legal hearing to review …

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Guardianship LawPublic Benefits Law for Special Needs and Disabled Persons in New Jersey

Is it Possible to Overturn a Will During the Testator’s Lifetime?

HNW March 24, 2021 Guardianship Law, Will Contest and Probate Litigation

What if someone makes a Will without being of ‘sound mind’? Can a court decide for someone that their Will is not in their …

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Elder Abuse and Financial ExploitationEstate Administration and ProbateGuardianship Law

Kinship Legal Guardianship:  You Can Get Financial Aid in NJ to Care for Your Grandchildren and Sister’s Kids

HNW January 22, 2021 Guardianship Law

New Jersey has a program that provides financial help to individuals caring for their grandchildren, nieces, nephews, or other children. It is called the …

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Guardianship Law

Who Has Standing to File a Guardianship Action?

HNW September 2, 2020 Guardianship Law

The general rule (actually, it’s the law) is that a person who seeks to become a guardian for someone must have legal standing, meaning …

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Guardianship Law

Guardianship in the Time of COVID-19: FAQ for Guardians and Others

HNW May 5, 2020 Elder Care Law, Guardianship Law

I received this email today and thought it would be an excellent post on our website for everyone who is serving as a guardian …

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Guardianship Law

Guardianship Proceedings in the Time of COVID-19

HNW April 27, 2020 Elder Care Law, Guardianship Law

Families about to apply for legal guardianship are under a lot of stress. COVID-19 has amplified the stress they may face. If you were …

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Guardianship Law

Understanding the Role of the Court Appointed Attorney in a Guardianship Action

HNW April 22, 2020 Elder Law, Guardianship Law

In every guardianship case, the court appoints an attorney for the alleged incapacitated person. Their attorney is required by court rule to advocate a …

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Guardianship Law

NJ Supreme Court Dramatically Relaxes its Rules on Guardianships. Get the Details Here.

HNW April 9, 2020 Guardianship Law

Notice to the Bar – Guardianships of Adult Incapacitated Persons – Supreme Court Relaxation of Rule 4:86 During COVID-19 Crisis The Supreme Court has approved …

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Guardianship Law

Family Members Fight for Right to Visit Ailing Parents and Relatives

HNW December 13, 2019 Elder Care Law, Elder Law, Guardianship Law

Many states are passing laws to allow visitation by close family members regardless of whether a Power of Attorney or Guardian approves of the …

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Elder Care LawGuardianship Law

Selecting The Right Person(s) to Be the Guardian of Your Child(ren)

HNW November 1, 2019 Elder Law, Estate Planning, Guardianship Law

Deciding who should be the guardian of your kids is a tough decision Close family members are not always the best choice This article …

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Estate PlanningGuardianship Law

Can the Legal Guardian or Parent of a Minor Child Set Up a Protective Trust?       

HNW October 4, 2019 Elder Law, Guardianship Law

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 …

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Estate Administration and ProbateGuardianship Law

Becoming Guardian for an Elderly Father Should Be Last Resort

HNW July 12, 2019 Elder Law, Guardianship Law

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 …

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Guardianship Law

Guardianship and Your Right to Vote

HNW May 1, 2019 Elder Law, Guardianship Law

A colleague who knows of my extensive guardianship law background asked if he was correct in his thinking that a person declared to be …

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Guardianship Law

Does a Guardian of an Estate Have the Power to Execute a Beneficiary Designation Form?

HNW April 9, 2019 Elder Law, Guardianship Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Guardianship Attorney I was recently asked a question …

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Guardianship LawProbate

Standby Guardianship in NJ:  An Interesting Concept

HNW January 23, 2019 Elder Law, Guardianship Law

By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County NJ Guardianship Attorney I was reading an article about guardianship that I thought was …

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Guardianship Law

Why Is a Guardianship Necessary in New Jersey?

HNW November 26, 2018 Elder Law, Guardianship Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold Township, Monmouth County, NJ Guardianship Attorney One of the most important reasons to have …

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Guardianship Law

How Guardians Are Compensated in New Jersey

HNW November 21, 2018 Elder Law, Guardianship Law

By Fredrick P. Niemann, Esq. a NJ Guardianship Attorney Guardians are reimbursed for expenses, and paid for their services, from the assets of the …

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Guardianship Law

Understanding the Basics of a Guardianship Proceeding in New Jersey

HNW November 14, 2018 Elder Law, Guardianship Law

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 …

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Guardianship Law

What is the Difference Between a Conservatorship and Adult Guardianship in New Jersey?

HNW October 23, 2018 Elder Law, Guardianship Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann a Monmouth County, NJ Guardianship Attorney A conservator in a NJ conservatorship has the court-ordered authority …

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Guardianship Law

New Jersey Introduces the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (the“UAGPPJA”)

HNW October 23, 2018 Elder Law, Guardianship Law

By Fredrick P. Niemann, Esq. a New Jersey Guardianship Lawyer The UAGPPJA Act has been introduced in New Jersey among other states. It’s about …

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Guardianship Law

Gifts, Wills, and Guardians: A Case Study (Part 3 of a 3-Part Post)

HNW October 19, 2018 Elder Law, Guardianship Law

By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney So far, in my last two blog entries, I have discussed the fight over …

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Guardianship LawLast Wills and TestamentWill Contest and Probate Litigation

Gifts, Wills, and Guardians: A Case Study (Part 2 of a 3-Part Post)

HNW October 15, 2018 Elder Law, Guardianship Law

In my last blog, I started talking about the case of In re Cohen, which focused on the issue of a guardian making gifts …

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Guardianship LawLast Wills and TestamentWill Contest and Probate Litigation

What Is a Representative Payee Under Social Security

HNW October 11, 2018 Elder Care Law, Elder Law, Guardianship Law

By Frederick P. Niemann of Hanlon Niemann & Wright, a NJ Elder Law Attorney More than eight Million People, who get monthly Social Security …

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Elder Care LawGuardianship LawPowers of Attorney and Health Care Directives
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Hanlon Niemann & Wright Law Firm

3499 Route 9 North, Suite 1F
Freehold, NJ 07728
Phone: (732) 863-9900
Phone (Toll Free): (855) 376-5291
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  • Home
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    • About Hanlon Niemann & Wright Law Firm and Our Attorneys
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    • Elder Law, Disability and Guardianship Rights
    • Medicaid Eligibility and Protecting Assets from a Nursing Home
    • Estate Planning, Wills & Trusts
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