New Jersey Guardianship Lawyer

New Jersey is known for its diverse population, strong academic presence, easy access to NYC, and an abundance of good food. Our state is also recognized for its protection of individuals who require guardianship. If you live in the Garden State and need help either establishing or enforcing a guardianship, contact a trusted New Jersey guardianship lawyer at Weisberg & Klauber, LLC. We’re committed to the compassionate and ethical practice of special needs law.

About Us

At Weisberg & Klauber, LLC, we are intimately familiar with New Jersey guardianship laws, having handled numerous guardianship cases for our clients. When you hire a guardianship attorney from our firm, you’re partnering with exceptional attorneys who are dedicated to protecting the needs of New Jersey residents.

We’ve helped families set up guardianships for their children and other family members with autism, dementia, muscular dystrophy, or Down Syndrome.

When you partner with our office, we can help you make informed decisions tailored to your specific situation. We are a collaborative office to ensure your voice is heard throughout the guardianship process.

New Jersey Guardianship Basics

Guardianship is a legal relationship in which the court grants someone the authority to make important decisions on behalf of someone who is unable to make decisions themselves. The guardian acts in the interests of their ward, the person who is incapacitated due to age or disability. The guardian usually manages their daily affairs, finances, and health care, if needed. Legal guardians are typically close relatives, but they don’t actually have to be blood relatives.

Sometimes, guardianships are necessary for adults with special needs after high school if they’re unable to make decisions on their own. The process of establishing a guardianship is a complex and comprehensive one. Judges in New Jersey want wards to have their dignity and autonomy, which is why they usually create an arrangement that’s only as strict as necessary.

As of 2024, our state boasts about 9.5 million residents. According to the New Jersey Courts, during a two-year period, approximately 3,900 people were appointed as guardians for another adult in our state. In 2014, 2,600 guardians were appointed in New Jersey. If you find yourself in a situation where it’s necessary to establish or enforce a guardianship, contact an experienced lawyer.

Adult Guardianship

In New Jersey, adult guardianship is a court process. During this process, someone is appointed to make important decisions for another adult who is considered incapacitated, or unable to make or communicate decisions on their own due to a physical or mental condition.

Once established, a guardian has the right to make important decisions on behalf of their ward. New Jersey has a Guardianship Mentoring Program to monitor guardians and ensure wards receive appropriate care and oversight. For assistance with adult guardianship, please contact our office to learn more.

Guardianship of a Child

In some situations, you may need to establish or enforce a guardianship of a minor child. A guardianship can become necessary when one or both parents are unable to provide safety, stability, or the nurturing their child needs. New Jersey guardianship cases can involve:

• Serious medical conditions
• Physical, emotional, and/or sexual abuse
• Mental illness
• Military deployment
• Incarceration of a parent
• Substance abuse

A child’s legal guardian is typically responsible for the child’s:

• Clothing, food, and shelter
• Healthcare
• Schooling and education
• Supervision
• Financial support

The rights and responsibilities of guardians in New Jersey are extensive. If you would like to discuss the guardianship of a child further, please contact our office.

Special Needs Guardianships

While your child is a minor, you can make all of their medical, financial, and major life decisions. However, once they turn 18 years old, if they are unable to make their own decisions due to a disability, you must seek a formal guardianship to manage their affairs.

To start the process, you must submit a guardianship request with your county’s surrogate office before participating in a formal hearing with the Superior Court. At that time, you present evidence to support your position that a guardianship is necessary. If the potential ward opposes your position, they can make their own case against the proposed guardianship. There is evidence that is necessary to provide to the Court to support your position.

An attorney can provide reliable legal counsel throughout the process of establishing a guardianship for someone with special needs. The role of a lawyer is to guide you through the entire guardianship process, including preparing you for the formal hearing and representing your interests before the judge. Contact Weisberg & Klauber, LLC, to discuss special needs guardianships at any time.

Why and When You May Need Guardianships

Less restrictive options should be explored before pursuing a guardianship. However, sometimes other options, such as a power of attorney, are unavailable or unhelpful. Guardianship is a last resort when all other options have been exhausted. They can be helpful in various situations. Guardianships are often necessary for:

• Incapacitated adults unable to make their own responsible decisions
• Minor children, particularly when parents are unable to care for their children
• Adults with disabilities, like dementia or other conditions that impact their cognitive abilities, mental health conditions, or physical disabilities
• Adults vulnerable to financial exploitation

The court must determine that the individual is incapacitated and unable to make informed decisions on their own behalf. A guardianship is intended to protect the ward’s well-being, and the guardian becomes accountable to the court and must act in the ward’s interest.

It’s essential to remember that guardianships are typically pursued when no other options are available to address the specific needs of an individual. Guardianships are designed to ensure financial stability and a comfortable living environment for wards.

Hire A New Brunswick Guardianship Lawyer – Call Weisberg & Klauber, LLC

At Weisberg & Klauber, LLC, we have assisted numerous clients in petitioning the court for guardianship. The steps are complicated, and there’s a lot at stake. Thankfully, an experienced attorney can help with your paperwork and answer your important questions. We can protect your rights and discuss your goals for the guardianship process to ensure your voice is heard.

With offices in the Jersey Shore area, we help locals in Ocean Township and New Brunswick with their guardianship needs. Contact us to hear more.