Torzewski & McInerney, LLC

Morris County Estate Planning And Litigation Lawyers

Schedule A Consultation

Personal Attention And A Professional Approach

Home » Contested Guardianships » New Jersey contested guardianships: Fighting for yourself

The ability to take guardianship of an adult has been made possible for good reason. Unfortunately, those seeking guardianships are not always doing so for the best interests of the individuals of whom they are placed in charge. When this happens, it may be possible to fight the validity of the guardianship in court. A New Jersey-based attorney who has experience handling contested guardianships may prove extremely helpful in doing this.

Guardians have a duty of care to the individuals they are called to take care of. Unfortunately, too many people are using the legal system to take advantage of older Americans. There are numerous stories of older adults who have been hurt or who have taken ill, losing their freedom due to people they don’t even know seeking and obtaining guardianship over them while they are in the process of getting treatment.

In 2016, a 50-year-old female shared her story of losing everything and her fight to get it back. Just before her 50th birthday, she tumbled down the stairs in her home and suffered a severe head injury. With no one designated to be her personal representative, the court assigned a guardian over her. Amazingly, she recovered, but when she was released from the hospital, she learned that her home and all her possessions had been sold at auction at her guardian’s request. So, she was placed in a group home for mentally ill adults and put to work — even though she had no physical or mental reason for being there.

This individual eventually took her case to court and was able to win back her freedom two years after it all started. Her situation is not unlike that of many others. New Jersey residents who have been placed in guardianships without just cause may be able to fight for their freedom. Cases involving contested guardianships may not be easy to get through, but legal counsel can walk one through it and will work diligently to protect the rights of the client.

Source:, “Guardianship in the U.S.: Protection or Exploitation?“, Emily Gurnon, Accessed on Feb. 28, 2018