Atlantic County Guardianship Lawyer

Very few people spend much time thinking about guardianship until they are suddenly placed in a position where they have to. That said, if you have an adult in your life, such as a parent, who needs you to look out for their best interests, whether due to incapacitation, old age, or any other reason, we are here to help. The Law Office of Stephanie Albrecht-Pedrick, LLC has extensive experience helping individuals obtain guardianships for adults, and we can put that experience to work for you in your case as well. Contact a knowledgeable Atlantic County guardianship lawyer from our firm for an initial consultation today so we can discuss your circumstances.

What Is Guardianship in New Jersey?

Simply put, guardianship is a legal relationship where one person is granted the authority to make certain decisions on behalf of another person who is unable to make those decisions independently.

The individual who needs assistance is referred to as the ward.

The individual who is appointed to assist that person is known as the guardian.

Depending on the circumstances, the guardian may be responsible for making decisions regarding:

• Medical treatment
• Living arrangements
• Financial matters
• Government benefits
• Daily care
• Legal affairs

Many people automatically associate guardianship with elderly individuals suffering from dementia or Alzheimer’s disease. While guardianship cases frequently involve senior citizens, the truth is that adults of all ages can require guardianship under certain circumstances.

Some examples of individuals who may require guardianship include:

• Adults with developmental disabilities
• Elderly adults suffering from cognitive decline
• Adults who have suffered traumatic brain injuries
• Individuals suffering from severe mental illness
• Adults who become incapacitated because of illness or injury
• Adults suffering from neurological disorders that affect judgment or memory

You should also understand that New Jersey courts generally do not appoint guardians lightly. After all, guardianship can significantly affect an individual’s rights and independence. Because of this, courts generally require evidence that the person is unable to make some or all important decisions on his or her own before a guardian will be appointed.

What Types of Guardianships Exist in New Jersey?

For obvious reasons, not every guardianship case is the same. Accordingly, New Jersey recognizes several different forms of guardianship.

Guardianship of an Incapacitated Adult

An incapacitated adult is an adult who cannot manage his or her own affairs because of a disability, illness, or injury. This may include individuals suffering from:

• Developmental disabilities
• Serious mental illness
• Brain injuries
• Cognitive impairments
• Neurological disorders

Generally speaking, New Jersey courts will examine whether the individual is capable of making decisions concerning finances, healthcare, housing, and other important aspects of daily life.

Guardianship of an Elderly Adult

Many guardianship cases throughout New Jersey involve elderly adults who are suffering from conditions that affect memory, reasoning, and judgment. Some examples include:

• Alzheimer’s disease
• Dementia
• Parkinson’s disease
• Stroke-related impairments

In many cases, families seek guardianship because they become concerned that their loved one is no longer able to safely manage finances, medications, or medical care decisions. Unfortunately, by the time many families begin considering guardianship, they have already noticed unpaid bills piling up, confusion regarding medications, or signs that their loved one may be vulnerable to financial exploitation.

Temporary Guardianship

In certain situations, immediate action may be necessary to protect an individual or his or her assets. For example, temporary guardianship may be appropriate in situations involving:

• Medical emergencies
• Financial exploitation
• Unsafe living conditions
• Sudden incapacity

As the name suggests, temporary guardianships are generally designed to address immediate concerns until the court can make a final determination.

Limited Guardianship

Fortunately, not every guardianship requires that an individual lose all decision-making authority.

In many cases, an individual may be able to make some decisions independently while needing assistance in other areas. In these situations, a New Jersey court may establish a limited guardianship.

For example, an individual may be capable of making certain personal decisions while requiring assistance managing finances, healthcare decisions, or government benefits.

General or Plenary Guardianship

A general or plenary guardianship grants broad authority over the ward’s affairs.

Generally speaking, this type of guardianship is reserved for situations where the individual is unable to make most or all significant decisions independently.

When Is Guardianship Necessary?

Guardianship is generally considered a last resort. In many cases, less restrictive alternatives are explored first. That being said, there are several signs that an adult may require guardianship. These signs often include the following:

• Difficulty paying bills
• Falling victim to scams or financial exploitation
• Missing medical appointments
• Forgetting to take medications
• Significant memory loss
• Poor hygiene or self-care
• Inability to understand financial decisions
• Difficulty maintaining safe housing
• Confusion regarding day-to-day activities
• Difficulty recognizing family members or close friends

Quite often, these changes occur gradually over time, which can make them difficult for family members to recognize at first. In fact, many guardianship matters begin when a family member notices that an aging parent or loved one has become increasingly vulnerable and may no longer be able to safely make decisions independently.

Who Can Serve as a Guardian in New Jersey?

Generally speaking, New Jersey courts prefer appointing someone who already has a close relationship with the ward and understands that person’s needs. Potential guardians may include the following:

• Adult children
• Spouses
• Siblings
• Other relatives
• Close family friends
• Professional guardians
• Organizations in certain circumstances

Ultimately, the court’s primary concern is the best interests of the ward.

Accordingly, the court will consider several factors before appointing a guardian, including the proposed guardian’s relationship with the ward, his or her ability to carry out the responsibilities involved, and whether any conflicts of interest may exist.

What Are a Guardian’s Responsibilities?

The responsibilities of a guardian will depend largely upon the type of guardianship established by the court and the authority granted in the guardianship order. That being said, some of the most common responsibilities of a guardian are as follows:

• Making medical decisions
• Coordinating healthcare treatment
• Managing financial accounts
• Paying bills and taxes
• Applying for government benefits
• Managing property
• Arranging housing or long-term care
• Protecting the ward from abuse, neglect, or exploitation
• Keeping accurate financial records
• Filing reports with the court when required

How Does the Guardianship Process Work in New Jersey?

Though every case is different, there are several steps that generally occur in most New Jersey guardianship proceedings.

Step One: Filing the Petition

The process typically begins when an interested party files a guardianship action with the New Jersey Superior Court.

Step Two: Medical Evaluations

In adult guardianship cases, medical evaluations are often required to determine whether the individual lacks the capacity to make decisions independently.

Step Three: Appointment of Counsel

New Jersey courts frequently appoint an attorney to represent the interests of the alleged incapacitated person throughout the proceedings.

Step Four: Investigation and Review

At this stage, the court reviews medical records, testimony, financial information, and any other relevant evidence.

Step Five: The Court Hearing

The court will then conduct a hearing and determine whether guardianship is appropriate under the circumstances.

Step Six: Appointment of a Guardian

If the court determines that guardianship is necessary, it will issue an order appointing the guardian and outlining the scope of that guardian’s authority.

Can Guardianship Be Contested?

Yes. In fact, contested guardianship proceedings are not uncommon.

Family members may disagree over whether guardianship is actually necessary, or they may disagree regarding who should serve as guardian. Some of the most common disputes involve the following:

• Whether the individual truly lacks capacity
• Who should serve as guardian
• Financial concerns
• Allegations of undue influence
• Disagreements between family members

Contact a Guardianship Lawyer in Atlantic County, New Jersey

If you’re seeking guardianship of your loved one, our firm is here to help walk you through each step of the process and help you get the peace of mind you need. Please don’t hesitate to contact a guardianship lawyer from the Law Office of Stephanie Albrecht-Pedrick, LLC for an initial consultation today.