Experienced Monmouth County Guardianship Lawyer
Understanding the ins and outs of guardianship law can be challenging. However, with help from a knowledgeable Monmouth County guardianship lawyer, it becomes easier. At Weisberg & Klauber, LLC, our lawyers provide ethical and informed support to families who need it. Whether you are setting up guardianship for an adult with disabilities or managing an elderly loved one’s affairs, having a skilled lawyer is extremely helpful.
Our guardianship lawyers understand New Jersey state laws and helping families navigate the complicated legal system. We give families peace of mind during tough times by ensuring all legal requirements are met. Our attorneys’ experience not only makes the process smoother but also helps them foresee and solve potential legal problems.
Adult Guardianship Explained
Adult guardianship protects people (called wards) who cannot make important decisions because of a disability or incapacity. It’s a legal system that allows a chosen guardian to make key life decisions for the ward, such as handling finances, health care, education, socialization and where they live. The main goal is to ensure the person’s well-being and safety while respecting their rights as much as possible.
We customize guardianship to fit the ward’s specific needs, whether it involves limited decision-making or full control over their life. This flexibility ensures the guardianship matches the person’s unique situation and supports their dignity and independence whenever possible.
When Is Special Needs Guardianship Necessary?
The court may consider special needs guardianships when a person with disabilities needs ongoing support and help making decisions. This might include conditions like:
- Autism spectrum disorder
- Down syndrome
- Traumatic brain injury
- Severe mental illness
- Physical disabilities
In these cases, special needs guardianships ensure the person’s unique needs are met, providing security for their future. Families often seek this type of guardianship to ensure their loved ones have access to necessary resources and support that promote their growth and well-being.
Setting up special needs guardianships can also help plan for the person’s long-term care and financial security. This might involve creating special needs trusts or working with government programs that offer essential services and benefits.
Guardians must keep detailed records of their decisions and actions, visit their ward and regularly report to the court as needed. This accountability ensures the guardian is fulfilling their duties ethically and transparently. Guardianships are not permanent and are reviewed each year by the state’s Department of Human Services Division of Developmental Disabilities. These reviews ensure that the guardianship arrangement continues to be appropriate and advantageous for the individual.
How To Obtain Guardianship In New Jersey
Getting guardianship for an adult in New Jersey involves these steps:
- Filing a petition: The parent or family member must file a petition with the county of the individual explaining why guardianship is needed, including evidence of the individual’s incapacity and the proposed guardian’s qualifications. The necessary documents include a Case Information Sheet, Certification of Assets and a Certification of Criminal and Civil Judgment History.
- Evaluation: To prove incapacity, the individual must be evaluated medically or psychologically within 30 days of the filing. This evaluation is crucial for providing the court with a professional assessment of the person’s ability to make informed decisions.
- Court hearing: Interested parties present evidence, and the Superior Court judge makes a decision based on the information given.
- Appointment: If the court approves the petition, it appoints a guardian to manage the ward’s affairs, who must follow the court’s rules and act in the ward’s best interests.
The attorneys at Weisberg & Klauber, LLC, can guide clients through each step, offering the support needed to finish the process.
How Can Monmouth County Guardianship Lawyer Help?
A knowledgeable Monmouth County guardianship lawyer can simplify the guardianship process for families. Their experience helps them foresee potential issues and navigate the legal system effectively. They provide valuable advice, reducing stress for families during difficult times.
Our lawyers at Weisberg & Klauber, LLC, also help explore other options, like power of attorney or conservatorship, which might be more suitable depending on the situation. Their deep understanding of guardianship law ensures families make informed choices that best fit their needs.
Need More Information About Monmouth County Guardianships? Call Today.
For more information on guardianships or to schedule a consultation, contact our experienced Monmouth County guardianship lawyers. Call 732-686-6440 or visit our contact page for more details. Our team is ready to help you navigate this complex legal process with care and confidence.