Guardianship is a legal arrangement where the state appoints one person to make decisions on behalf of another, often an adult whom the state deems incapacitated. The National Council on Disability reports that more than 1.3 million American adults had guardianships...
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Contested Guardianships
Can the court appoint a loved one’s neighbor as a legal guardian?
Individuals who face temporary or permanent incapacity due to an injury, illness or similar condition are highly vulnerable and exposed to various abuses. Guardians have a crucial role in keeping an adult ward safe from physical abuse, financial abuse and undue...
Deciding to challenge guardianship in a New Jersey estate
Losing a loved one is never easy. It can be even more difficult when you disagree with the appointed guardian in the estate of your deceased loved one. This can lead to complicated feelings and tricky legal situations. If you feel that the appointed guardian is not...
The role of incapacitation in guardianships
There must be a court order to create a guardianship for an adult. The court will first have to make a determination of incapacitation. Prior to the court order, the person is known as an alleged incapacitated person. Once the court declares the person incapacitated,...
What rights do family members have over a guardianship?
The court makes decisions about who will serve as a guardian. It also monitors and watches over the guardianship. But the court does not see everyday happenings. It cannot see everything that goes on. But family members will be privy to the regular interactions and...
What should you know about payments and gifts as an estate guardian?
As the guardian of the estate for an incapacitated person, you will have several responsibilities that take time. Sometimes, you may even pay for things for the benefit of the protected person’s estate out of your own pocket. Although you agreed to serve in this role,...
If a guardian is not serving the ward’s interests
Taking on the responsibility of serving as a person’s guardian is a large undertaking. Those who decide to accept it are expected to adhere to basic principles. In New Jersey, when there are issues with the guardianship, those who are concerned about the person who...
Planning for guardianships, and contesting them when necessary
Estate planning isn’t just about wills and trusts. In fact, there are many tools available in estate planning’s toolbox, and they can be adapted to the unique needs and goals of all kinds of clients during their lives and afterwards. For instance, many people setting...
Can guardianships from other states be transferred to New Jersey?
A guardianship is a significant responsibility that is taken very seriously in New Jersey. Caring for an incapacitated minor includes handling their daily needs, overseeing their finances, arranging their medical care and more. Getting a guardianship and contesting it...
Celebrity conservatorship suggests undue influence
When the #FreeBritney social media movement took hold in 2019, the famous pop singer, Britney Spears, did not appear to be mentally or physically incapacitated, and yet rumors spread about her forced admission into a mental health hospital. The conservatorship which...