Guardianship Lawyers in Ocean County, New Jersey
Guardianship explained by NJ Guardianship Lawyer
A “guardian” is a person who is chosen to make legal decisions for another person who is unable to make those decisions on their own. A child or an adult may require guardianship when they are to unable to make their own competent decisions. For example, a child turning 10 years old cannot make decisions of his/her own. In that case, it requires the concerned parent or other party to appoint a guardian who will take care of the decisions. Generally, parents are referred as guardian, but in cases where parents are not in the picture, than a court can appoint a guardian to that child. Therefore a guardianship lawyer can help you in choosing the right guardian for your children. Let us help you in these cases.
Parents may even establish guardianship over their child’s estate in some instances, particularly when a minor comes into a large amount of money.
Few Possible reasons for pursuing guardianship
- access to medical information and doctors
- ensuring educational obligations
- access to funds or income sources
- protection against improper contracts or purchases
It is difficult enough to think about not being there to raise your children. Imagine a court is choosing guardian for your children with no input from you. Don’t let that happen get legal counsel by your side and make your voice heard.
If you decide to hire a lawyer to help with your guardianship proceeding, then it is important to choose the right lawyer for you. A lawyer with good experience in handling these cases can be the best choice. Our attorneys at Riviere Advocacy Group know what it takes to make a successful case for guardianship. We have helped many clients in guardianship proceedings. Similarly we can help you in this type of matter. Just give us a call and discuss your needs with us.
Contact our office today and our Ocean County attorneys will consult you on the guardianship.
Didn’t find what you are looking for? Feel free to contact us.
When someone, due incapacity, cannot manage his/her personal and/or financial affairs as a result of age or infirmity, a guardianship action may be commenced in New Jersey Superior Court and an experienced Monmouth County guardianship lawyer can assist you in the process. The guardianship action will seek to have the person at issue declared incapacitated and furthermore, will appoint a guardian for him/her. If you feel that a person is on the brink of being incapacitated or that other siblings/persons might try to take advantage of that person; a timely action for guardianship can prevent irreversible loss and harm to the person and their finances. There have been many case of “granny snatching,” in New Jersey. “Granny snatching,” is the unauthorized removal or retention of an older person, which may be undertaken to pursue guardianship in another state or to avoid a guardianship in the state from which the elder was snatched. Typically if someone lives in New Jersey the New Jersey Courts have jurisdiction over guardianship actions based upon their “parens patriae” power, which is derived from the traditional authority of the sovereign to protect those persons within the state who cannot protect themselves because of a legal disability. In re Grady, 85 N.J. 235 (1981).
New Jersey statutes define an “incapacitated individual” as follows:
“Incapacitated individual” means an individual who is impaired by reason of mental illness or mental deficiency to the extent that he lacks sufficient capacity to govern himself and manage his affairs. The term incapacitated individual is also used to designate an individual who is impaired by reason of physical illness or disability, chronic use of drugs, chronic alcoholism or other cause (except minority) to the extent that he lacks sufficient capacity to govern himself and manage his affairs.
Some of the reasons one may want to seek guardianship are:
- Illness or Trauma. The alleged incapacitated person has suffered a serious illness or trauma and cannot manage financial and/or personal care needs as a result.
- Abuse. The alleged incapacitated person is suffering physical or financial abuse.
- Susceptibility to Fraud or Abuse. The alleged incapacitated person is being taken advantage of or is highly susceptible to fraud and abuse.
- Medical Treatment. The alleged incapacitated person needs medical treatment but lacks the ability to give informed consent and has no directive or irrationally refuses medical treatment.
- Living Trusts or Other Plans Abused. The alleged incapacitated person has a living trust but the trustee is either failing to care for him or has taken advantage of trust assets.
- Failed Durable Power of Attorney. The alleged incapacitated person has executed a Durable Power of Attorney, but the attorney-in-fact has failed to act or has taken advantage of the alleged incapacitated person.
- Estate and Tax Planning. Estate and tax planning is needed to provide estate protection, but the alleged incapacitated person lacks capacity to execute necessary documents or to take other planning steps.
- Asset Preservation and Long-Term Care. Asset preservation planning is necessary because the alleged incapacitated person is in or entering long-term care and protective planning must be done for the benefit of the spouse, who will continue to live at home. Because the alleged incapacitated person lacks capacity to execute necessary planning documents or take other planning steps, court approval of such steps may be necessary.