Bergen County Guardianship Lawyers

Whether it’s minor children or adult relatives with specific needs, guardianships offer a structured, legally binding way to protect individuals who cannot make decisions independently. At Feitlin, Youngman, Karas & Gerson, LLC, our Bergen County family lawyers guide clients through the guardianship process, helping them understand their rights, responsibilities, and options every step of the way.

Guardianship Lawyers Serving Clients in Northern New Jersey

Establishing a guardianship is a deeply personal and often complex legal decision, requiring sensitivity and a comprehensive understanding of New Jersey law. At Feitlin, Youngman, Karas & Gerson, LLC, we provide clients with knowledgeable, compassionate guidance tailored to each family’s needs. Our lawyers offer extensive experience navigating the New Jersey guardianship process, from initial consultation to petition filing, court appearances, and ongoing support for guardians.

What is a Guardianship?

A guardianship is a legal arrangement where a court appoints an individual (the guardian) to make decisions for someone who cannot make them independently. In New Jersey, guardianships are commonly used to care for both minor children and adults with intellectual, developmental, or physical disabilities that limit their ability to manage their own lives. This legal protection ensures that vulnerable individuals receive appropriate care and that their best interests are upheld.

Guardianships differ from other types of legal care arrangements, such as powers of attorney or custodianship, as they typically apply when an individual is unable to make decisions for themselves at any level. Unlike a power of attorney, which requires a person to grant permission, guardianship does not rely on consent and is specifically court-mandated.

Guardianships for Minor Children

When parents or legal custodians are unable to care for their children due to illness, incapacity, or other life-altering circumstances, guardianship of a minor becomes essential. This arrangement provides a legally recognized pathway for a responsible adult to step in and make decisions regarding the child’s health, education, and overall welfare.

In New Jersey, establishing guardianship for a minor involves presenting clear evidence to the court that the guardianship is in the child’s best interest. Common situations include:

• Parental Incapacity or Death: If a parent is no longer able to provide care due to health issues or death, guardianship ensures the child remains in a stable, supportive environment.
• Temporary Guardianship Needs: Sometimes, parents need to designate a temporary guardian during military deployment, extended travel, or hospitalization.
• Involvement of Extended Family Members: Family members, like grandparents, aunts, or uncles, often assume guardianship when parents cannot fulfill their duties, ensuring continuity of care within the family.

Guardianships for Adults

Guardianship for adults in New Jersey is primarily intended for individuals with disabilities or those suffering from age-related cognitive decline who cannot make informed decisions regarding their health, safety, or finances. These adults, referred to as “wards,” often need guardianship to manage daily decisions and ensure their personal and financial welfare.

Some common reasons to pursue adult guardianship include:

• Intellectual or Developmental Disabilities: Many parents or family members of adults with disabilities establish guardianship when the individual turns 18 to ensure continued support.
• Dementia or Alzheimer’s Disease: In cases of progressive cognitive decline, a guardian can help manage health care decisions, financial matters, and everyday care.
• Severe Mental Illness or Physical Incapacity: Adult guardianships can also apply to those with severe mental health issues or physical incapacities that significantly impair decision-making abilities.

The guardian’s responsibilities vary depending on the type of guardianship established. Some guardians oversee all aspects of the individual’s life, while others may only manage financial decisions (a limited guardianship) or personal decisions (a plenary guardianship).

The Guardianship Process in New Jersey

Establishing guardianship in New Jersey is a thorough legal process involving multiple steps to protect the interests of the ward while ensuring that the guardian is qualified and suitable. Here’s an overview of the typical process:

1. Filing a Petition: The first step is to file a petition with the Superior Court of New Jersey. This petition must detail the necessity of the guardianship and provide background on the proposed guardian.
2. Medical and Psychological Evaluations: In adult guardianship cases, the court generally requires a comprehensive evaluation of the individual’s capacity. This may involve medical and psychological assessments to establish the extent of the impairment.
3. Notification of Interested Parties: The law requires that all interested parties, such as family members or close friends, receive notification of the guardianship petition. This ensures transparency and allows other family members to voice concerns or alternative plans.
4. Court Hearings: After reviewing the petition and evaluations, the court will hold a hearing to assess the validity and need for guardianship. If approved, the judge will appoint a guardian and specify the scope of their responsibilities.
5. Guardian’s Duties and Reporting Requirements: Guardians in New Jersey are often required to submit periodic reports to the court, detailing the ward’s condition and any decisions made on their behalf. These reports help ensure that the guardian is fulfilling their obligations and that the ward’s best interests are consistently maintained.

Contact Our New Jersey Guardianship Lawyers

Every guardianship is unique, just as each family is unique. We strive to create solutions that provide stability, protection, and peace of mind for our clients and their loved ones. Contact us today to learn more about how we can help you secure the best future for your family members through guardianship.

For guidance and support through this challenging process, Feitlin, Youngman, Karas & Gerson, LLC is here to stand by your side, offering professional, compassionate legal assistance every step of the way.