Passaic County Guardianship Lawyer

Trusted Passaic County Guardianship Attorney

Guardianship cases can be complicated even when decisions are uncontested. No matter the nature of the situation, it’s wise to hire a Passaic County guardianship lawyer who is familiar with New Jersey guardianship laws.

Your attorney can help you apply for guardianship, modify an existing order, and navigate disputes to help create a plan that keeps you and those you love safe and healthy. As a dedicated law firm with over two decades of experience under our belt, Weisberg & Klauber, LLC is prepared to advocate for your interests throughout a guardianship case.

Our attorneys and staff have extensive experience navigating these types of matters in and out of the courtroom. We know how to file and process everything through the Passaic County Surrogate’s Court and reach a resolution through the New Jersey Superior Court.

Guardianship Cases in Passaic County

Under New Jersey law, you can apply for guardianship over minors in certain situations. You can also apply on behalf of adults who have been officially labeled as incapacitated by a Passaic County Superior Court judge.

Guardianship over children is usually the result of the biological parents being unable to care for the child due to absence, death, or incapacity. In order to be granted guardianship over a legal adult, you must prove that they cannot make their own financial, legal, or medical decisions.

Examples of incapacitation that may qualify for a legal guardian in New Jersey include:

• Chronic alcoholism
• Chronic drug use
• Developmental disability
• Mental illness or deficiency
• Physical illness or disability

These are often called special needs guardianships due to their unique nature. The Superior Court evaluates the situation and determines whether or not the individual’s condition legally qualifies.

If so, they appoint a guardian to act on the incapacitated individual’s, or ward’s, behalf. It’s estimated that 50,759 people in Passaic County alone live with a disability. Passaic County is home to around 526,597 people.

The number of guardianships in New Jersey has increased significantly in recent years as the elderly population increases and more people with developmental disabilities are becoming adults. It’s important to understand your rights and legal options in a guardianship case. A Passaic County guardianship lawyer can help.

A Dedicated Law Firm in Passaic County You Can Trust

Weisberg & Klauber, LLC has been representing New Jersey individuals and families through complex family cases for over 20 years. As proven trial attorneys in New Jersey, we’re not afraid of litigation.

You can count on our Ocean Township guardianship lawyers to advocate for you in and out of the courtroom. Our team brings experience from both sides of the courtroom. Members of our team are former prosecutors and insurance defense attorneys.

You can count on us to offer well-rounded knowledge regarding civil and criminal procedures in New Jersey. Moreover, we take the time to educate you about your case, so you know what’s going on. You won’t be left in the dark with our team on your side.

Guardianship cases in this region are filed and initially processed with the Passaic County Surrogate’s Court. The petition then goes to the New Jersey Superior Court for any hearings and the final judgment. Our Passaic County guardianship attorneys have decades of experience navigating guardianship cases in and out of the courtroom.

FAQs About Passaic County, NJ Guardianship Laws

When Is Guardianship Considered a Viable Legal Option in Passaic County?

Guardianship is considered a viable legal option in Passaic County for adults who are declared incapacitated by a Superior Court judge and minors in certain situations. Guardianship on behalf of a minor typically occurs when the minor is expected to receive more than $5,000 per year in assets.

Adult guardianships are only legal if you can prove that the individual is physically or mentally incapacitated. A Passaic County guardianship lawyer can help you gather evidence and file your petition.

Can a Legal Guardian Override a Power of Attorney in Passaic County?

Yes, a legal guardian typically can override a power of attorney in Passaic County. Guardianships must be reviewed and approved by a Superior Court judge, while a POA is a voluntary appointment.

In most situations, a legal guardian can alter, revoke, or terminate a POA’s actions. In some cases, the court may allow a POA agent to continue performing specific tasks if it aligns with the guardian’s duties. This is a rare situation.

What’s the Difference Between Limited Guardianship and General Guardianship?

The difference between limited guardianship and general guardianship is the scope of rights and powers the guardian has over the incapacitated person:

• General guardianship allows the guardian to exercise all rights and powers of the incapacitated person. This is also known as a full or plenary guardianship.
• Limited guardianship gives the guardian a less intrusive and more individualized role. This is ideal in situations where the alleged incapacitated person (AIP) is still able to complete some tasks on their own.

What Is an Alleged Incapacitated Person in a Passaic County Guardianship Case?

An alleged incapacitated person (AIP) in a Passaic County guardianship case is the party who is potentially being assigned a guardian. They’re known as “alleged” to be incapacitated until officially designated by a Passaic County Superior Court judge.

Someone is an AIP if another party claims that they cannot manage their own finances or provide for their own basic needs due to a mental or physical condition. This terminology helps protect these individuals until a judge makes the final call.

Hire a Passaic County Guardianship Lawyer to Speak About Your Case in More Detail

There are a handful of different actions you can take in a guardianship case in Passaic County. Whether you’re petitioning for guardianship, terminating an order, or navigating some other dispute, you can hire a guardianship lawyer from Weisberg & Klauber, LLC to be there to see you through your case.

If you’re ready to talk to an attorney about your case, our Jersey Shore attorneys are here to help. Contact an office near you to learn more about your options in a New Jersey guardianship case.

We’re located in Ocean Township near I-195 and in New Brunswick near I-95 and I-287. Reach out to set up an appointment with a team member today.