Guardianship Attorney in Woodcliff Lake NJ
There may come a time when a loved one is no longer capable of managing the typical activities of daily living. Perhaps the person is a child with developmental or intellectual disabilities, a beloved elder, or a person whose life was drastically changed by an accident. Someone may have to step up to care for that person. Often guardianship of the loved one is indicated.
We help families and caregivers through the process of deciding whether guardianship is needed, or whether alternate options, such as power of attorney and advanced health care directives will work. If guardianship is appropriate, we will walk with you through the process of obtaining guardianship of the person and property of the loved one.
Legal guardianship refers to the legal responsibility of a person to take care of another individual who is unable to take care of themselves due to age, mental or physical incapacity, or other reasons. The guardian is responsible for the well-being of the individual and takes decisions on their behalf. Guardianship is a legal process that requires a court order, and the process can be complex and time-consuming.
There are several types of guardianship, including guardianship of minors, guardianship of adults with disabilities, and temporary guardianship. Each type of guardianship comes with its own set of requirements and responsibilities. For example, guardianship of minors typically requires the guardian to provide for the child’s basic needs, including food, shelter, and clothing. In contrast, guardianship of an adult with disabilities may require the guardian to make decisions about medical treatment or financial matters.
One of the most important aspects of guardianship is ensuring that the individual’s rights are protected. This means that the guardian must act in the individual’s best interests at all times and must ensure that their decisions are in line with the individual’s wishes and preferences. Additionally, the guardian must ensure that the individual is treated with dignity and respect and that their rights to privacy and autonomy are respected.
There are different types of guardianship, including temporary guardianship, permanent guardianship, and limited guardianship. A temporary guardianship is granted for a specific period, and the guardian takes care of the individual until the court decides on a permanent arrangement. Permanent guardianship is granted when the individual is unable to take care of themselves permanently, and the court appoints a guardian for their lifetime. Limited guardianship is granted when the individual is capable of making some decisions on their own, but not all, and the court appoints a guardian to make decisions on their behalf.
The process of obtaining guardianship can be complex and involves legal proceedings. The guardian must file a petition with the court, and a hearing will be held to determine whether guardianship is necessary and who should be appointed as the guardian. The court may also require a background check and home study to ensure that the guardian is suitable for the role.
The court will consider various factors, including the best interests of the ward, the guardian’s ability to provide for the ward’s needs, and any objections from the ward or other interested parties.
Once guardianship is established, the guardian is responsible for filing regular reports with the court to ensure that the individual’s needs are being met. They may also be required to obtain court approval for certain decisions, such as selling property or making medical decisions.
Guardianship can also be terminated in certain situations, such as when the individual reaches the age of majority or when their condition improves to the point where they can make decisions for themselves. In some cases, the individual may challenge the guardianship arrangement if they feel it is no longer necessary or in their best interests. A person interested in becoming a guardian should consult with an attorney experienced in guardianship matters.