Do You Need Help with a Conservatorship or Legal Guardianship? We Can Help.

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When a loved one reaches a point in his or her life where, due to either old age or disability, he or she cannot effectively care for personal, medical and financial matters, it may be wise to consider a legal guardianship or conservatorship. A conservator or legal guardian is a person selected by the court in which the appointed person or persons, called a "guardian" or "conservator" attends to the personal and/or financial needs of another." In the context of elder law, a spouse or child is typically appointed as legal guardian or conservator and given various powers to protect a loved one.

The appointment of a legal guardian is something that's not taken lightly by the court. The legal guardian will be limited to only those decisions that will meet the level of need by the incapacitated person. Some of these decisions may include, but not be limited to

• Choice of where the loved one resides;
• Acceptance or denial of medical care;
• Control of food, clothing and shelter;
• Control of financial and contractual affairs;
• Estate and asset preservation planning;
• Restriction of loved one's civil rights and personal freedom;
  

Conservatorship or Legal Guardianship: Which is the Right Choice?

In New Jersey, a conservatorship is generally more limited than a legal guardianship and is voluntary. Like a legal guardianship, a conservatorship is a court-ordered relationship between a caregiver and a person who's unable to make sound decisions due to old age or mental or physical disability. Unlike a legal guardianship, however, a conservatorship concerns only the conservatee's financial matters when they need assistance. If found necessary, a conservator will be appointed with only those powers necessary to make the following financial decisions:

• Power and duty to make reasonable payments for the support, maintenance, and education of the conservatee;
• Power and duty to pay all lawful debts owed by the conservatee;
• Power and duty to possess and manage the conservatee's assets;
• Power and duty to collect all debts owed to the conservatee;
• Power to engage in tax, estate, and asset preservation planning;

Both legal guardianships and conservatorships require considerable time and effort on the part of the legal guardian or conservator. While establishment of these relationships is the main obstacle in caring for your loved one, other procedural requirements exist after you've been appointed legal guardian or conservator. The skilled New Jersey elder law attorneys at Hanlon Niemann can help you not only present the best evidence for the need of a guardian or conservator, but can help you continue to maintain compliance with the court's directives as the conservation/guardianship relationship develops.

Call our managing partner, Fredrick P. Niemann, at 732-863-9900 or e-mail him at fniemann@hnlawfirm.com to discuss your case and/or to set up an appointment.