Union County Guardianship Lawyer

Trusted Union County Guardianship Attorney

If you’re navigating a guardianship case in Union County, it’s imperative that you understand New Jersey laws and regulations. Talk to a local Union County guardianship lawyer from our trusted law firm to learn more.

You don’t have to do everything on your own. With the right legal representation, you can file your petition and all related documentation and evidence, and you can avoid common mistakes and pitfalls throughout the process.

Weisberg & Klauber, LLC brings over 20 years of family law experience to the table. As your local attorneys, we are committed to helping you through complex family legal matters, so you can secure a favorable outcome for your case. With over two decades of family law experience under our belt, we’re confident we can help you form a strategy to reach a favorable outcome for your case.

Guardianship Cases in Union County

Under New Jersey law, you can gain guardianship over a minor or adult under certain circumstances. Guardianship cases involving minors defer heavily to the New Jersey Division of Child Protection and Permanency (DCP&P). You can expect New Jersey courts to act in the best interest of the child before anything else.

Gaining guardianship over an incapacitated adult, or a special needs guardianship, starts with proving that the individual is, in fact, incapacitated. There are an estimated 52,203 people with disabilities living in Union County.

With around 594,160 people living in the area, people with disabilities make up a significant portion of the population. 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

When filing for guardianship in Union County, you can expect to start the process through the Union County Surrogate’s Court. After that, the petition is transferred to the New Jersey Superior Court for any related hearings and the final determination.

Once guardianship is granted, you are going to have power over the person, their estate, or both. This depends on the type of guardianship for which you filed. It’s possible to be granted general or limited guardianship depending on the situation. New Jersey favors the least restrictive form of assistance when it comes to guardianship cases.

To protect wards against misuse of guardianship powers, New Jersey courts have a number of ways to monitor guardians, including:

• Court-appointed attorneys
• Financial accountability
• Petitions for court reviews or removal of the guardian
• Required annual reporting

Why Should I Hire a Union County Guardianship Lawyer?

Navigating complex family legal matters like guardianship cases can be daunting. Both contested and uncontested cases come with their fair share of challenges, which is why it’s highly recommended that you hire a guardianship lawyer with experience working on cases like yours.

Weisberg & Klauber, LLC has been representing individuals in guardianship cases for over two decades. As proven trial attorneys in New Jersey, we understand state laws as well as how to navigate these complex family legal matters through every stage of the process.

Our attorneys take time to educate you about your case, so you know what’s going on. We aim to make you an active part of this process, so you won’t be left in the dark while important decisions are being made about you and your loved one’s futures.

FAQs About Union County, NJ Guardianship Laws

What Legal Rights Does a Guardian Have in Union County?

What legal rights a guardian has in Union County depends on the type of guardianship. Under New Jersey law, you can file for:

• Guardianship of the person
• Guardianship of the estate
• Guardianship of the person and estate

If you have guardianship of both, you can make decisions regarding the individual’s healthcare and finances. You can also be granted either general guardianship or limited guardianship, which further defines the scope of the guardian’s power.

How Much Does It Cost to File for Guardianship in Union County?

The cost to file for guardianship in Union County can vary from case to case. There are a number of different costs associated with the guardianship process. This includes court fees, medical certifications, and legal representation.

The cost of hiring a guardianship lawyer to represent you is going to depend on the complexity of your case. You can typically expect a Union County guardianship attorney to charge a flat fee, hourly rate, or retainer.

Can I Get Guardianship Without Appearing in Court in Union County?

Yes, you can get guardianship without appearing in court in Union County. It’s impossible to gain legal guardianship in New Jersey without court intervention. The motion for guardianship is first filed through the Union County Surrogate’s Office and then reviewed by a judge at the New Jersey Superior Court.

While a Superior Court judge ultimately has to issue a final judgment, it is possible to resolve the matter without physically appearing in the courtroom, unless a guardianship case is uncontested.

What Disqualifies Someone From Being a Legal Guardian Under New Jersey Law?

What disqualifies someone from being a legal guardian under New Jersey law can depend on the details of the case. Automatic legal disqualifications for guardianship in Union County can include:

• Being deemed legally incapacitated
• Certain criminal convictions
• Conflicts of interest
• Not being of age

You can expect the court to order background checks and credit checks to determine whether or not someone can be a legal guardian.

Talk to a Union County Guardianship Attorney About Your Case Today

Navigating family legal matters can be tough, even when all parties want to cooperate with one another. If you want to become a legal guardian over a minor or adult in New Jersey, it’s highly recommended that you hire a guardianship lawyer.

A Union County guardianship attorney from Weisberg & Klauber, LLC can help you understand your legal options and represent you through your case. If you’re ready to discuss your situation in more detail with a lawyer, reach out to a member of our team.

We have two offices in the Jersey Shore area, located in Ocean Township and New Brunswick. Find our office near you to set up an initial consultation with a trusted attorney today.