Benefits: What are the Benefits of Guardianship in NJ?
If the person is declared incapacitated and a general guardian is appointed, the ward will not be able to change his or her will. This protects the person's assets and income from "predatory family members" or "friends" whose disguised nature is more about the money than the welfare of the person. Financial elder abuse and exploitation is a major issue today.
Discovery in the guardianship action may lock in testimony of the alleged incapacitated person or others that would be beneficial in a subsequent will contest.
The proceeding may flush out and put an end to elder abuse or undue influence.
The appointment of a general guardian will prevent a vulnerable elder from marrying, particularly to a younger, potentially predatory spouse.
The appointment of a general guardian should prevent a tug of war among rivals who want to make decisions for the vulnerable elder.
The proceeding may lead to a global settlement among interested parties who are vying for control.
The proceeding may lead to the return of the ward's assets.
The proceeding may result in the engagement of professionals who can assist the caregiver and alleviate symptoms of caregiver "burnout".
Disadvantages: What are the Disadvantages
of a Guardianship in NJ
- If a person is appointed by the Court as a guardian for the vulnerable adult and does not maintain careful records, the attorney-in-fact may be surcharged for assets that cannot be accounted for properly. See N.J.S.A. 46:2B-8.13b., NJ Law requires guardians to the attorney-in-fact keep accurate books and records of all financial transactions.
- If a general guardian is not appointed, the alleged incapacitated person may retain the power to change his or her estate plan and disinherit the person who seeks the appointment of a guardian.
- A guardianship proceeding is may be costly if contested and can be contested by the alleged incompetent person or other family member.
- There may be an unnecessary infringement of the alleged
incapacitated person's privacy.
Contact Fredrick P. Niemann, Esq. about the benefits and disadvantages to guardianship in NJ. Call him toll-free at (855) 376-5291 or e-mail him at fniemann@hnlawfirm.com. He welcomes your calls and inquiries and you’ll find him very approachable and easy to talk to.
Guardianship lawyers serving these New Jersey Counties:
Monmouth County, Ocean County, Essex County, Cape May County, Mercer
County, Middlesex County, Bergen County, Morris County, Burlington County,
Union County, Somerset County, Hudson County, Passaic County
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