North Jersey Lawyer for Guardianships and Conservatorships

Fair Lawn firm assists clients who seek to take legal responsibility for loved ones

When someone you love has difficulty safely managing their personal or financial affairs, intervention might be justified in order to avert serious harm. New Jersey offers two distinct methods by which a court can vest a third party with legal authority: guardianship and conservatorship. The Paton Law Firm LLC in Fair Lawn works closely with North Jersey clients to assess which of these options, if any, is appropriate under the specific circumstances. From there, we gather the relevant information and prepare the documents necessary to obtain a guardianship or conservatorship order from the court. 

Legal framework and definitions

There are two types of guardianship, defined under Title 3B of the New Jersey Statutes, which can be granted if a person is incapacitated due to age, illness, disability or some other reason. Guardianship of the person enables the guardian to make decisions relating to the incapacitated individual’s personal care. Conversely, a court can appoint a guardian of the estate if the vulnerable person requires assistance handling financial matters. Often, a family member or friend will be designated as guardian of both the person and estate. Conservatorship is a strictly voluntary arrangement in which the conservatee consents to a court order giving the conservator power to handle their financial issues. 

Guardianship in New Jersey

Given that guardianship is such a significant legal step, a prospective guardian must provide documentation detailing the vulnerable individual’s incapacity from two physicians or psychologists. You can seek a general guardianship, which provides full decision-making authority, or a limited guardianship, which confers control only over specific areas. Guardianship cases are handled in the Superior Court’s probate part, and legal counsel is appointed to represent the allegedly incapacitated person’s interests. After appointment, the guardian must comply with ongoing court oversight, fiduciary duties and reporting requirements.

Conservatorship in New Jersey

Conservatorships are established through the Superior Court and overseen by the relevant county Surrogate. Upon appointment, a conservator is legally bound to act in the conservatee’s best interests. The arrangement may be modified or terminated by the court if circumstances change. Creating a conservatorship might be an essential aspect of estate planning if a concern exists about the conservatee squandering assets during their lifetime. 

Key differences between guardianship and conservatorship

Unlike guardianship, conservatorship does not require any finding of incapacity. The proposed conservatee or any concerned individual can represent to the court that the proposed conservatee requires assistance handling financial decisions and transactions. The conservatee must agree to the arrangement. By contrast, guardianship can be granted on an involuntary basis or when the vulnerable individual is unable to express an opinion one way or the other. While guardianship of the person involves legal control over matters such as medical treatment and daily living needs, there is no analogous type of conservatorship. 

NJ laws addressing guardianship and conservatorship

New Jersey law allows for registration, transfer and acceptance of guardianship or conservatorship orders from other states when jurisdictional requirements are met. When warranted, courts can modify, review or terminate appointments as circumstances change. Frequently, the court will require a proposed guardian or conservator to provide a surety bond to guard against potential malfeasance. Our firm will make sure that you understand the applicable legal requirements before initiating a legal proceeding. 

Speak with a North Jersey trust and estates lawyer

The Paton Law Firm LLC in Fair Lawn handles guardianship and conservatorship petitions for New Jersey clients, as well as other estate planning and probate matters. Please call 201-470-4801 or contact us online for a free initial consultation.