Transferring Guardianship Across State Lines

guardianship lawyer New JerseyDue 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”

Obtaining Guardianship of a Minor in New Jersey

guardianship lawyer New JerseyIf 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”

Guardianship Proceedings In New Jersey

guardianship lawyer New Jersey
New Jersey offers multiple forms of guardianship for adults that have limited or total incapacity, most commonly:

  • 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”

Guardianship of Disabled Adults 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.

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Congress Seeks to Help Disabled Save for the Future

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.

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