When a person becomes incapable of making his or her own health care and financial decisions (legally defined as “incapacitated”), beneficiaries and/or the fiduciary of the estate may seek to have a guardian and/or a conservator designated if a durable power of attorney is not in place.
- Guardians make personal care, health care planning and other nonfinancial decisions for the person who has become incapacitated.
- Conservators make decisions regarding property, assets and other financial affairs that are not already defined in a will or trust.
Avoiding the need for a guardianship or conservatorship can be accomplished with a professionally drafted durable power of attorney designation, but without one, the court will need to appoint a legal guardian and conservator to a person who has become incapacitated.
This process places decision-making powers with the guardian and conservator, who could be the same person. The incapacitated person loses all decision-making powers once a guardian or conservator is assigned.
Honest Legal Counsel And Cost-Effective Guidance
At Morris, Downing & Sherred, LLP, we help people manage the process of obtaining guardianship or conservatorship, but we advise all of our clients on planning ahead to avoid the necessity if possible. The legal proceedings for guardianships and conservatorships in New Jersey are time consuming, expensive, complex and burdensome. In some cases, disputes arise between family members and beneficiaries with competing interests who have to litigate over who should be the guardian and conservator.
We work hard to diffuse contentious issues between family members and beneficiaries, and we are committed to protecting our clients’ interests. Our Newton-based law firm serves clients throughout North Jersey who need litigation representation and legal counsel regarding guardianship and conservatorship proceedings.
Consult with one of our dedicated estate planning and administration lawyers today. Protect yourself and your loved ones.
Contact Morris, Downing & Sherred, LLP, In Newton
Call us at 973-383-2700, or email us to schedule a meeting with one of our Sussex County guardianship attorneys.
