Guardianships and Conservatorships
Sometimes court intervention and the appointment of a legal guardian for a disabled individual becomes necessary. This can occur when a disabled child approaches adulthood or when it is not possible to plan ahead for an incapacitating illness. It is our goal to avoid costly litigation if possible and to bring families together for the benefit of their disabled member, but we also recognize that there may be times when a court action is necessary. For this reason we have focused a significant part of our practice on guardianships and conservatorships.
Guardianships and conservatorships both involve court appointment of a surrogate decision maker. A guardianship requires a medical finding of incapacity and therefore does not require consent of the incapacitated individual. A conservatorship may be appropriate where the individual is not incapacitated but needs assistance.
Highlights of the New Jersey Guardianship Statute
