Ocean County Guardianship Lawyer

Guardianship Attorney in Ocean County, NJ

When a family member cannot take care of themselves, it can create stress and anxiety throughout the family, creating the need for a legal guardian to care for them. The process of appointing a legal guardian can be complex and requires a skilled Ocean County guardianship lawyer.

The attorneys at Weisberg & Klauber, LLC, have decades of experience, representing clients in and around the Jersey Shore and providing compassionate legal advice and services. We understand the challenges involved in guardianship cases. Our team can work with you to develop a plan, so your family member can receive the care they need.

Types of Guardianships

Over 36,000 people in New Jersey have a court-ordered guardianship. Guardianship is a legal process by which a court appoints a person to care for and make decisions for a child or someone who is incapacitated. Guardianship may be needed for:

• An elderly person who can no longer make important decisions
• A family member with special needs
• A minor without parental care

There are approximately 7.2 million adults in New Jersey, and about 10% of the adult population has a cognitive disability.

When someone is appointed as a guardian, they have control over the ward’s finances, healthcare, and property. The types of guardianship include:

• General guardianship. With general guardianship, the guardian has full decision-making responsibility on behalf of the ward. This type of guardianship may be necessary if the proposed ward is fully incapacitated and legally unable to make decisions on their own.
• Limited guardianship. In a limited guardianship, the individual can still make some decisions, but they need help with certain tasks, such as financial or medical matters.

Guardianship may be appointed for the person and estate, just the person, or just the estate. Since there are many decisions involved in obtaining guardianship, it’s important to consult an Ocean County guardianship attorney about your specific case.

Legal Threshold for Guardianship in New Jersey

The New Jersey courts take the process of establishing guardianship very seriously, so they have a high threshold for granting it. According to New Jersey Court Rule 4:86, to become a guardian, you must prove that the person is incapacitated. You can do this by submitting at least two affidavits or certifications from physicians or one physician and one psychologist, confirming that they are incapacitated.

Responsibilities of a Guardian

Once a person has been appointed a legal guardian, they take over control of the ward’s finances, make decisions about their medical care, and decide where they live. The guardian is also responsible for making sure they have food and clothing, along with seeing that their social needs are taken care of. They are also responsible for filing reports each year about their ward’s health and financial status.

A guardian is not responsible for several tasks, however. These include:

• Using their personal finances to support their ward
• Paying their ward’s debts

Why Hire an Ocean County Guardianship Lawyer?

The process of establishing guardianship over a loved one can be emotional and legally complex. It involves several legal steps, making it necessary to hire a guardianship lawyer who is familiar with guardianship laws in New Jersey. An attorney can:

• Assess the need for guardianship by evaluating the potential ward’s physical and mental condition. They can determine if guardianship is a necessary step or if a less restrictive alternative may be better.
• Navigate the legal process. Your attorney can prepare and file the required paperwork, get the required physician and psychological evaluations, and represent you at the court hearing.
• Advocate for the ward’s rights. In addition to representing you through the legal process, a guardianship attorney can see to it that the ward’s interests are taken into consideration.
• Provide conflict resolution. This is especially crucial in the case of a contested guardianship.
• Identify a possible guardian. Another person may need to serve if the family cannot come to an agreement.

If a member of your family has become incapacitated, is declining because of their age, or is a minor without parental guidance, an attorney can guide you through the guardianship process.

FAQs About Ocean County, NJ Guardianship Laws

How Much Does a Lawyer Cost for Guardianship?

The cost of a lawyer for guardianship can vary, depending on the complexity of the case. They typically charge an hourly rate. However, if the case is straightforward, they may charge a flat fee. In most guardianship cases, they may charge a retainer. A contested case that requires more research, meetings, and court appearances can cost more than a simple case.

How Do I Get Legal Guardianship in New Jersey?

The process of getting legal guardianship in New Jersey involves several steps and paperwork. With the help of an attorney familiar with guardianship laws, you need to file a verified complaint for guardianship with the Ocean County Surrogate’s Court in Toms River, or you may need to file with the county surrogate where the incapacitated person lives. You’ll also need medical proof of their incapacity and serve them notice before attending a Superior Court hearing.

Can I Get Legal Guardianship Without Going to Court?

In New Jersey, you typically cannot get legal guardianship without going to court. If it involves a minor, their parents can sign a temporary authorization form to grant temporary guardianship, but formal guardianship requires a petition with the Superior Court. If the guardianship case is uncontested, a formal hearing may not be required.

What Disqualifies You From Being a Guardian?

In New Jersey, you can be disqualified from becoming a person’s guardian if you have a felony conviction, especially if it is a felony involving fraud, abuse, or violence. A person with a history of substance abuse or mental health issues may also be disqualified. If there is a conflict of interest with the needs of the ward, the court may not grant guardianship.

Contact an Ocean County Guardianship Lawyer Today

If you are considering guardianship for a loved one in your life, contact Weisberg & Klauber, LLC. We can take the time to answer your questions about how guardianship in New Jersey works, how to determine if there is a legal need, and the legal process for gaining it. Our team has experience in guardianship cases, so we can represent your needs and those of your loved one. Contact us today for a consultation.