Tips on designing a guardianship plan
What are the responsibilities of a Guardian of the person and property of an incapacitated individual? The Guardian is expected to fulfill a broad array of obligations, since the Guardian is responsible to arrange for and oversee the financial and personal well-being of the person under guardianship. Each individual is unique, with her or her own preferences, likes and dislikes, and cultural...
A happy day in Guardianship Court: Restoration
Today I had the great fortune to participate in a case in which a person who has been under guardianship for six years had their capacity restored in full. This kind of situation doesn’t often happen, but it’s really fabulous.
This case started in 2010 when the parent and sibling came to me in an emergency to report that their loved one who I’ll call “X” had...
Guardians can’t sell real property without court approval
If you’ve been appointed as the Guardian of the Property (Guardian of the estate) for an incapacitated person, you probably know that you have a lot of authority and power regarding the ward’s assets. While you do have to file an annual accounting in New Jersey as specified in the Judgment appointing Guardian (NJSA 3B:12-42), in general the New Jersey probate court does not...