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Are You Thinking About A Guardianship?

If you are a New Jersey parent of a teenager or an adult who has special needs, a guardianship might be on your mind. Petitioning the court for a guardianship is not easy, though, and often takes the help of an attorney. At Weisberg & Klauber, LLC, our lawyers have decades of experience and serve our clients using compassion, empathy and skill.

If you are wondering whether to hire an attorney to help with your guardianship petition, look no further – here are some answers to common questions we hear.

What are the steps to become a guardian?

The process of having someone named a guardian over your child is detailed and complicated. The major steps include:

  1. Filing a petition with the court
  2. Getting medical professionals to certify your child’s lack of capacity
  3. Preparing a case information sheet, certificate of assets and other documents
  4. Attending a court hearing
  5. Qualifying with the county surrogate
  6. Purchasing a short certificate

The process usually takes one to four months, depending on the circumstances.

How does the court determine competency?

Before granting a guardianship petition, the judge must have evidence that the would-be ward lacks capacity. This usually requires a doctor’s certification plus additional corroboration from a psychologist or another doctor.

Why should I have a guardianship lawyer?

The high level of complexity in guardianship legal proceedings makes it difficult to do on your own. The nature of a guardianship is often very emotional, and having an attorney who can see things objectively is very important. A lawyer can also explore your child’s full range of legal options and help with other issues, including transitioning out of high school or receiving government benefits.

Get More Answers About Guardianships

We understand how intimidating life may seem right now. Allow us to guide and counsel you. To speak with a caring special needs attorney, please call 732-846-4005 or send us an email to schedule a consultation. We have three convenient offices in New Brunswick and Ocean Township.