Knowledgeable River Edge Guardianships Lawyers
Whether you are caring for a disabled adult or an elderly family member is starting to show signs of decline, you may need to address guardianship issues New Jersey.
The process of obtaining legal guardianship is complex, but there are other circumstances that make your situation challenging. You may be facing difficult emotions regarding your loved one, and other family members may present hurdles during the proceedings.
Equipped To Help You With This Sensitive Matter
At Giro & Associates LLC in River Edge, our lawyers are here to help you with all aspects of guardianship cases. We have been assisting clients in Bergen County and throughout the surrounding area for decades, so we have cultivated extensive experience in guardianship matters. Our attorneys will explain the legal options available regarding your loved one so that you can make informed, compassionate decisions.
Guardianship Duties
When an individual becomes incapacitated and cannot make responsible decisions regarding his or her safety and welfare, establishing guardianship is often an appropriate solution. There are two categories of guardianship duties:
- A guardian of the person manages personal decisions regarding the ward, the legal term for the incapacitated individual. Responsibilities include coordinating the ward’s residence, arranging healthcare, determining proper treatments, and other personal matters.
- A guardian of the estate is responsible for managing the ward’s financial affairs, such as making decisions about expenditures, protecting income and assets, taking appropriate legal actions, handling insurance, maintaining property and similar matters.
One person may be appointed as guardian of the person and the estate, but two people may act where appropriate. A court may also appoint co-guardians to cover both areas. It is also possible that the ward may need one type of guardian, but not the other.
The Guardianship Process
Guardianship is a court proceeding initiated by filing a petition and supporting documents in the county where the incapacitated person resides. Any “interested party” may file a petition to be appointed as guardian, including a spouse, adult child, sibling or other immediate relative; a hospital or nursing home that has an interest in establishing guardianship may also do so.
The petition must include certifications from two physicians regarding the incapacity of the individual, based upon a medical examination that takes place no more than 30 days beforehand. The court sets the matter for hearing, at which point the petitioner must inform other interested parties. These individuals may contest guardianship or file a counter-petition for their own appointment.
Once someone is appointed as guardian of the person and/or estate, they are responsible for such duties as designated by law and the court. The guardian is also required to report to the court annually on the status of the ward.
Frequently Asked Questions
What is the legal threshold for establishing guardianship?
The legal threshold for establishing guardianship typically involves proving that individuals cannot make informed decisions about their personal care, finances or both. This usually requires medical evidence and testimony from health care professionals. The court will assess whether the person understands and communicates decisions about their well-being and property.
What is the difference between guardianship and conservatorship?
While people sometimes interchange these terms, there are subtle differences. Guardianship generally refers to making personal and health care decisions for an incapacitated person. Conservatorship, on the other hand, typically involves managing financial affairs. In some jurisdictions, a guardian may be responsible for making personal and financial decisions.
Can a guardian be removed or replaced, and, if so, under what circumstances can these situations occur?
Yes, you can remove or replace a guardian when they fail to perform their duties adequately or refrain from acting in the ward’s best interests. Circumstances that may warrant removal include the mismanagement of assets, neglect of the ward’s needs and abuse of power. Interested parties can petition the court for removal, and the court will review the case to determine whether a change is necessary.
Additionally, if the ward regains capacity or no longer requires guardianship, then the court may terminate the arrangement upon proper evidence and petition.
What are the different types of guardianship available?
There are several types of guardianship, including the following:
- Full guardianship: The guardian has complete authority over personal and financial decisions.
- Limited guardianship: The court restricts the guardian’s authority to specific areas, allowing the ward to retain some decision-making rights.
- Temporary guardianship: This is appointed for a limited time, often in emergencies.
- Co-guardianship: Multiple guardians share responsibilities.
- Standby guardianship: The court designates a standby guardian in advance to take over when a current guardian becomes incapacitated or dies.
- Emergency guardianship: This form of guardianship is quickly appointed in urgent situations to protect an individual from immediate harm.
- Public guardianship: This is granted to a state-appointed guardian for individuals without family or friends to serve in this role.
Each type of guardianship serves different needs and circumstances, ensuring that the ward receives appropriate care and protection while maintaining as much autonomy as possible.
Let Us Help You With Your Concerns
If you are facing guardianship issues regarding a developmentally disabled loved one, it is important to retain knowledgeable counsel to assist with your case. Giro & Associates LLC is with you every step of the way, from the petitioning process to annual reporting and related proceedings. From our River Edge office, we serve clients in New Jersey and New York.
Contact our team to get started. You can reach us online or at 201-771-9436.