If you have a loved one who is unable to care for themselves, a guardianship may be an effective means of ensuring their needs are taken care of. However, there are benefits and costs to having a legal guardian assigned to a loved one, which can have a substantial effect on both your life and the life of your loved one. Here are the pros and cons of a guardianship:
The decision to seek guardianship or conservatorship for a loved one is always difficult, but it can be essential to ensuring their well-being. However, not everyone recognizes when it is time to seek a guardianship or when it is appropriate, so it is important to understand the circumstances that can lead to someone needing a guardian. Here are five major reasons you should seek guardianship for your loved one:
Ideally, you should always be able to trust a guardian to look after their ward and always put their best interests first. Unfortunately, that is not always the case, and you may need to challenge a guardianship for the good of the ward’s well-being. Here are five things you should know if you are thinking about challenging a guardianship:
The Administrative Office of the Courts for the State of New Jersey has issued a new directive that will introduce more stringent requirements for certain people seeking to become guardian of another person. These requirements will include a more thorough background check, which is meant to help determine if a guardian is suitable for the responsibility they would be given. Anyone who wants to apply for a guardianship in New Jersey should be aware of these new requirements, and be ready for the additional burdens they will impose. Continue reading “New Jersey Implements New Background Screening for Guardians”
Most people know, at least in theory, that they should begin planning their estates sooner rather than later. They know the longer they put off writing their wills, establishing advance directives, and taking care of other aspects of estate planning, the more likely it is that they, and their loved ones, will suffer the consequences. Among those possible consequences is needing to go to court to establish a guardianship or conservatorship for an incapacitated family member. Continue reading “When Might You Need a Guardianship or Conservatorship?”
Due to economic pressures, weather, and employment opportunities, more Northeast residents are looking to move out of state. According to a recent LendingTree study, as many as 17.5% of New Jersey residents are looking to move out of state. What is New Jersey residents’ most common destination state of choice? Florida. Regardless of whether or not you’re looking to move to the sunshine state or another state of choice, it is important to determine how the move will affect legal relationships that were established in New Jersey such as guardianship of another person. Those who have established a guardianship and are looking to move out of state should seek the guidance of an experienced New Jersey guardianship lawyer who can advise them of their legal rights and help guide them through the transition. Continue reading “Transferring Guardianship Across State Lines”
If a parent is unable to care for a child or is determined to be unfit, the guardianship of the child can be granted to a relative or family friend. Guardianship can be defined as the position of being legally responsible for the care of someone who is unable to manage their own affairs. This provides a viable option for the child to be removed from the home and be relieved of neglectful behavior by their parent(s). Continue reading “Obtaining Guardianship of a Minor in New Jersey”
- New Jersey Statutes §3B:12-24.1(a); and
- New Jersey Statutes §3B:12-24.1(b).
While both of these involve petitioning a court to appoint a guardian to care for the person and/or property of another, there are some differences in the scope of the guardian’s duties and responsibilities. Continue reading “Guardianship Proceedings In New Jersey”
At 18 years old, all people in New Jersey, including those with disabilities, are considered adults under the law. Regardless of the individual’s type of disability or if he or she lives at home, once an individual reaches the age of 18, parents can no longer make decisions legally on their behalf. Some families may want to consider establishing a legal guardian for a disabled individual, once they reach the age of majority, who will represent his or her best interests.
DisabilityScoop reported that Congress is working on legislation that would help people with disabilities put away money and still keep their benefits.
The U.S. Senate Committee on Finance approved updates to the Achieving a Better Life Experience (ABLE) Act. The current ABLE Act, which became law two years ago, allows those with disabilities to establish special accounts in which they can put away up to $100,000 tax-free, without losing their Social Security and government benefits. Currently, ABLE participants can deposit up to $14,000 a year without facing any tax liabilities; the proposed Senate legislation is looking to raise the cap.