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Feb 23, 2017

The Law Protects Guardians Against Second-Guessing

As previously discussed, the rule of thumb is that a guardian will not be liable for actions taken, or not taken, as long as the guardian acts reasonably under the circumstances.  A recent New Jersey case demonstrates that the law protects guardians against second-guessing by those with an interest in the incapacitated person’s estate.   » Read More

Aug 03, 2016

Overview of the Guardianship Process: Responsibilities Have Just Begun

You’ve finally been appointed guardian, having satisfied the Court, and maybe some suspicious family members, that a guardianship is necessary for the protection and proper care of your loved one.  Judgment in hand, you leave the courtroom and go back to your car, grateful to have completed the process. » Read More

Apr 05, 2016

Is Seeking Guardianship The Same As Suing A Family Member? And Other Personal Considerations In Filing A Guardianship

It is natural to be cautious when considering filing for guardianship in New Jersey.  In fact, there may be many factors to consider: for example, your willingness to serve as guardian, your chances of success, impact on other family members and your relationships with them, expense, and time.  » Read More

Mar 16, 2016

How Much Is Bringing A Guardianship Application Going To Cost Me?

Clients are often rightfully concerned about the financial costs of bringing a guardianship action.  No matter how complicated or simple, in each case there will be attorney’s fees for the person applying to become guardian (the plaintiff), attorney’s fees for the court-appointed attorney for the alleged incapacitated person, and costs associated with the exams and reports of the two doctors the plaintiff retains to support the application.   » Read More