Legal guardianship for adults with disabilities is a crucial protective arrangement that ensures vulnerable individuals receive proper care and support throughout their lives. At Fink Rosner Ershow-Levenberg Marinaro, LLC, our experienced elder law attorneys understand the complexities of guardianship law and help families navigate this important legal process.
Understanding Legal Guardianship
Legal guardianship is a court-approved relationship that grants a responsible person or entity (the guardian) the authority to make decisions on behalf of an adult with disabilities (the ward). This arrangement becomes necessary when an individual cannot make informed decisions about their personal care, financial matters, or both due to mental or physical incapacity.
When Is Guardianship Necessary?
The need for guardianship typically arises when an adult with disabilities cannot:
- Make informed medical decisions
- Manage their financial affairs
- Maintain their personal safety
- Handle basic needs such as housing and nutrition
It’s important to note that guardianship should only be pursued when less restrictive alternatives have been considered. Our experienced elder law attorneys can help evaluate whether guardianship is the most appropriate solution for your situation.
Types of Guardianship
In New Jersey, there are several types of guardianship arrangements available:
General Guardianship
General (Plenary) Guardianship grants comprehensive decision-making authority over all aspects of the ward’s life. This is typically appropriate for individuals with severe disabilities who cannot make any decisions independently.
Limited Guardianship
Limited Guardianship allows the ward to retain certain rights while transferring specific decision-making powers to the guardian. This arrangement is preferred when the individual retains some capacity to make certain decisions.
The Guardianship Process in New Jersey
Obtaining guardianship involves several carefully managed steps. Our experienced legal team at Fink Rosner Ershow-Levenberg Marinaro guides families through each stage:
- Initial Assessment: We evaluate the need for guardianship and explore all available options.
- Medical Documentation: Obtaining comprehensive medical evaluations to establish the need for guardianship.
- Court Petition: Filing the necessary legal documents with the appropriate New Jersey court.
- Interacting with the Court: appointed lawyer who represents the alleged incapacitated person.
- Legal Proceedings: Representing your interests during court hearings and ensuring all requirements are met.
Guardian Responsibilities
Being appointed as a guardian carries significant responsibilities. The guardian must:
- Make decisions in the ward’s best interest
- Submit regular reports to the court
- Manage the ward’s finances responsibly
- Ensure proper medical care and living arrangements
- Protect the ward’s personal rights and dignity
Legal Support and Guidance
At Fink Rosner Ershow-Levenberg Marinaro, we understand that seeking guardianship can feel overwhelming. Our team of experienced elder law attorneys, recognized by New Jersey SuperLawyers Inc., including a Certified Elder Law Attorney, an accreditation recognized by the New Jersey Supreme Court, provides comprehensive support throughout the entire process. We offer personalized guidance tailored to your unique situation.
Our convenient location in Clark, New Jersey, near the Garden State Parkway, makes it easy for families to access our services. For those unable to visit our office, we provide teleconference (“zoom”) meetings, and local house calls when necessary, ensuring that everyone can access the legal support they need.
Taking the First Step
If you’re considering guardianship for an adult with disabilities, it’s essential to seek proper legal guidance. Our team at Fink Rosner Ershow-Levenberg Marinaro is dedicated to helping families protect their loved ones through appropriate legal arrangements. Unlike firms that represent healthcare facilities, we focus exclusively on representing individuals and families, ensuring your interests always come first.
To learn more about legal guardianship or to schedule a consultation, visit our website at finkrosnerershow-levenberg.com or contact our Clark office. Our experienced team is ready to help you navigate the guardianship process with confidence and compassion.