New Jersey Guardianship And Conservatorship Legal Questions

The United States courts will decide if you do not write a will appointing a guardian.  You hvae the right to choose who you want, and if you don't anyone who is related can apply to the court, and if they cannot agree, they can all argue with each other.  It is much easier on everyone if you and your spouse write a will and choose someone.  ... Read More

You will either have to petition the court to have a new guardian appointed, or claim that you have gained capacity.  If you want to try to go without a guardian, you will need to provide medical evidence, like a doctor's letter, that says you are competent and able to govern yourself.  It might be easier to ask someone else to serve as guardian. Good luck.  ... Read More

It is definitely not good for the guardian of a pesron to "borrow" money.  that would be a breach of fiduciary duty and would be considered self dealing.  Even if the loan is repaid, and there is a normal interest rate, it is still a breach of duty to the guardian to do this.  If the guardianship is in New Jersey,the guardians will have to provide an annual accounting of the money that will have to show the loan, and objections can be raised at that time. ... Read More

There are many liabilities the school is concerned about.   What if you invite friends to the apartment who are not 18? What if you have a huge party with underage students and someone gets hurt? Parents whose children are at the school would probably assume that the other students at the school have some kind of parental supervision at home, and you would not.  There are many other liability issues that the school does not want to be involved with.  For the most part, in the United States,  students are not considered "adults" when they are still in high school.  you could try to have some kind of release written up, but then your parents would be accepting liability for your actions, and you should be guided accordingly.   ... Read More

It possible, but it will be up to the courts and the parties involved to determine who is the best guardian for him, or if he still needs a guardian.   If his mother consents to allow the father to serve instead it would be simple, but if not they could have to go to court to change it. ... Read More

If she signs a power of attorney, she can always revoke the power of attorney.  A guardianship is an option, but it would require two doctors to certify that she is legally incapacitated, meaning she is unable to govern herself and her own affairs.  If you became her court appointed guardian, you could force her to remain in rehab, she would not be able to sign herself out.  You need to consider how you would pay for the rehab, if she does not have insurance, and what happens if she finishes the rehab.  You can always "reverse" a guardianship - you can go back to court and have a doctor state there was a return to capacity and she can have her autonomy back.  Good luck.  ... Read More

That is an impossible question to answer based on the information you have provided.  If you have consent of the guardianship,  if it makes sense for the ward to move out of the country, if they are going to receive proper medical care, can afford to live, etc.  The answers to all of these things have to be determined.  How is the guardian going to care for the ward?  Is the guardian going to move out of the country also?  It might make sense for the ward to move, but it would depend on the facts. ... Read More

You would have to file a Complaint and Order To Show Cause with the court in the county in which you live asking to be appointed as the Guardian Ad Litem.  The order will name you as the Guardian, and you will have to notice anyone else (biological parent or other guardian).  Any other person noticed has the right to show up in court and object to you being appointed, but if no one answers the complaint and does not show up in court, you will be appointed.  It could take several weeks to accomplish because the paperwork has to be drafted, served on who ever has the right to receive notice, and then a court hearing scheduled.  there are filing fees in filing the complaint, and attorney's fees that would be incurred.  It is difficult to estimate how much this could cost without more information.... Read More

If your sister will not voluntarily sign it over to you, you will have to apply to the court for an emergent guardianship.  You will need a doctor's certification that your sister is not competent to make her own health care decisions.  You will have to make the guardianship limited, for example you will not take away her right to vote, or her right to drive, but only to make her own medical decisions.  Depending on the county in which your sister lives, the Surrogate can be very helpful in guiding you as to what needs to be done, or you can contact an Elder Law attorney.  Even though your sister is not elderly, this is the specialty that does the guardianships, and knows how to get it moved through the system.  Good Luck !... Read More

Guardianship is for a legal incapacitation.  You can be disabled, and not be incapacitated.  If you feel you do not your parents to serve as guardians, you can apply to the court for a return to capacity and have the guardianship removed.  you can also go to Social Security and request taht the represntative payee be changed. I can help you if you need it.  Feel free to call my office.... Read More

This is a very difficult question that I have often helped clients address.  If the person becomes a danger to themselves or others, a temporary commitment to a psychiatric facility may address the problem.  If not, then you need to consider permanent guardianship, which would allow you to make medical decisions, housing decisions, and financial decision for the person.  It is an emotional issue, and not easy for you to do, but something that the courts often address.  If you want to call my office on Monday, I can help you with this.  ... Read More

Yes you can !!  When a guardianship was put into place, you were a minor, and now you have reached the age of majority.  you will have to prove to the court that you are not "incapacitated"  as that term is used in the law (and it seems from the question you have posted that would be very easy to prove).   Although you want "free access" to your money, you should be careful and make sure that you hold the money in a way that would allow you to get governmental benefits that you would be entitled to.  You can structure the funds to allow access to a portion, and protect a portion in case you get to the point of needing Medicaid.  What county do you live in ?  Do you have copies of the original guardianship papers?  when your parents won the case, did they put the money into a trust?  Feel free to e-mail me directly or contact my office.  Good luck !... Read More

Since your daughter is not a legal adult, you continue to have responsibility for her until age 18.  You should seek assistance from DYFS in the County in which you live.  Does your daughter have any means of financially supporting herself outside of your home?  If she does, she can also seek emancipation, which will allow her to be treated as an adult. Good luck - this cannot be an easy situation for you. ... Read More

The cost of a non -contested guardianship can vary some what - but you should be able to do it for about $3,500.  I can estimate the cost by thinking about the court pleadings that need to be prepared, and the number of court appearances that are needed.  I always give my clients the opportunity to work with me to help keep their costs low by doing things for themselves instead of paying me to do them.  For example, the guardianship complaint filed with the court needs to have two doctors certifications indicating that the person is unable to govern themselves and their own affairs.  If the family members can get those certifications, it save time (and therefore saves money) because I don't have to write to the doctors, then call to follow up, etc.  There is also one "unknown" cost and that is the cost of the court appointed attorney.  Once the guardianship is filed, the court appoints an attorney to represent the ward, and that attorney has to meet with the person and can charge fees for the meeting, and writing a report to the court.  That is one part that cannot be predicted.  ... Read More