New Jersey Conservatorship
and Legal Guardianship
Contact Fredrick P. Niemann, Esq., an Experienced Attorney in Dealing with Conservatorship and Legal Guardianship
"I am 86 years old, a widow and live in Manalapan, New Jersey. I cannot say enough about the caring, kind and compassionate staff at Fredrick Niemann. Mrs. Urciuoli always takes my calls and knows me by my first name. She is patient and concerned about me and my welfare. She has even called to wish me happy holidays and check on my health. Fredrick Niemann is a special law firm."
—Ruth Leibowitz, Manalapan, NJ» Read more testimonials
There comes a point in most people’s lives where their loved ones can no longer care for their own personal, financial, and medical matters. When this time comes, it may be wise to consider a legal guardianship or conservatorship. A conservator or legal guardian is a person selected by the court who attends to the personal and financial needs of another. Typically in dealing with elder law, the guardian or conservator will often be a child or spouse. The court gives this guardian or conservator various powers in order to protect their loved one.
Courts take this appointment of a guardian or conservator very seriously. The legal guardian is limited to making decisions that meet the level of need displayed by the incapacitated person, but nothing further. Some of these decisions may include:
- 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 planning;
- Restriction of the loved one’s civil rights and personal freedoms in extreme cases.
Visit our New Jersey Guardianship Law website!
THE DIFFERENCE BETWEEN CONSERVATORSHIP AND LEGAL GUARDIANSHIP
If you are wondering what is the difference between a conservator and a guardian and which one is the right choice for you do not worry. You are not alone. While performing similar duties, there are some distinctions between the two.
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 loved one.
- Power and duty to satisfy all lawful debts owed by the loved one.
- Power and duty to posses and manage the loved one’s assets.
- Power and duty to collect all debts owed to the loved one.
- Power to engage in tax, estate, and asset preservation planning.
Both legal guardian and conservator are positions requiring considerable time and effort. Establishing an effective relationship and setting limitations and freedoms as to what the conservator or legal guardian can do is the main obstacle between any guardian and loved one. There are, however, other procedural requirements that exist after such a relationship has been established. An elder law attorney 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. Visit www.newjerseyguardianshipattorney.com to learn more.
Please call Fredrick P. Niemann, Esq., today to discuss any matter relating to conservatorships or legal guardianships. He can be reached at Toll Free: (888) 800-7442 or by email at fniemann@hnlawfirm.com