Guardianship Laws in NJ: What You Should Know
- October 29th, 2019
When a person obtains guardianship over an elderly individual, they have the right to the care, custody and control of that person. A guardian has the legal authority to make decisions for the individual, as well as the obligation to look out for their wellbeing. In order to obtain an adult guardianship, certain legal findings must be made by a court. If you wish to pursue a guardianship, then contact the Fairfield NJ elder law attorneys from the Law Offices of Faloni & Associates.
What is needed to get a guardianship?
In order to get an adult guardianship, a court must find that there is evidence of incompetence or other inability to care for oneself. A judge must also decide that the guardianship is in the elderly person’s best interest.
Because a guardianship limits the person’s rights to make decisions for themselves, a court will consider many factors in making its decision. This will include input from medical professionals, as well as a neutral court-appointed advocate who will conduct their own investigation and report back to the court.
If a judge determines that a guardianship is necessary, then it may only be set aside by order of the court. The guardian is provided with documentation that can be used to provide proof to financial institutions, care providers, medical providers and other parties that the guardianship is legal and that you have the authority to act for the individual.
Why should you contact an attorney about a guardianship?
Fairfield NJ elder law attorneys can provide legal advice and representation to assist with guardianships. Our law firm in Fairfield is experienced and knows what it takes to successfully have a court order a guardianship. We strive to help our clients understand how the law applies and your obligations if you are declared as a guardian.
Contact our law firm in Fairfield to receive answers to your questions about guardianship laws in NJ. The team at the Law Offices of Faloni & Associates looks forward to working with you.