Hanlon Niemann, PC3499 Route 9 North, Suite 1F

Freehold, NJ 07728(732) 863-9900

fniemann@hnlawfirm.com www.newjerseyguardianshiplawyer.com

www.njelderlawcenter.comwww.hnlawfirm.com

Elder Law, Estate Planning, Asset Protection and Veterans Benefits

Attorneys

Lifecare Planning by Use of Guardianships

Fredrick P. Niemann, Esq.

Fredrick P. Niemann offers his clients nearly 30 years of accomplished practice in the law. He is a member of the National Academy of Elder Law Attorneys, the Guardianship and Conservatorship Committee of NAELA, Monmouth County Probate and Estate Committee and the Monmouth County Chancery Practice Committee. He is a certified will case mediator approved by the NJ Supreme Court. Mr. Niemann is one of the select few attorneys in NJ, accredited by the Veteran’s Administration to apply for Aid and Attendance benefits for Veterans and their spouses. He has been listed by the prestigious Martindale-Hubbell as “peer review” rated for 2008. A Martindale-Hubbell rating attests to a lawyer’s legal ability and professional ethics, it reflects the confidential opinions of the bar and judiciary.

Legal Wit

A man went to his lawyer and said, "I would like to make a will but I don't know exactly how to go about it."

The lawyer said, "No problem, leave it all to me."

The man looked somewhat upset and said, "Well, I knew you were going to take the biggest slice, but I would like to leave a little to my children too!"

Today’s Topic

EFFECTIVE LIFE CARE PLANNING

through a

•Guardianship(s)

• What is a Guardianship?

• How Does it Work?

• Do You Need One?

Guardianship inNew Jersey

•Formal legal proceeding

•It is either an involuntary or voluntary proceeding

Meaning: Person agrees or disagrees they are incapacitated or significantly impaired and require the appointment of a guardian.

Cont

Cont.

•The Court determines a person’s mental competency

•If deemed incompetent then:

The Court appoints a guardian of the person and property of the incapacitated person.

Guardianships are governed by (New Jersey Laws N.J.S.A.3B-12-(1) et. seq.) and Court Rules (R4:86)

When is a guardianship appropriate?

Concerned about persons mentalunderstanding of the world

aroundhim/her

Concerned about persons ability to

care for their essential human needs

Cont

Cont.

Concerned about the vulnerability of a person to physical and/or financial exploitation and/or abuse

There is no signed POA and/or Durable Healthcare Directive prior to onset of incapacity.

Who Can File Guardianship

•Only a:

•Blood or marriage relationship

•Relationship based on contract, trust or confidence

•“stranger” cannot file proceeding.

•Recent case has allowed “social services agency/organization” for elderly/disabled to commence proceeding

How Does the Proceeding Work?

•Complaint filed in Superior Court

Supported by two affidavits of licensed physician or one licensed psychologist of addressing persons mental capacity

Appointment by Court of counsel for individual to investigate person’s competency and report to court

Cont

How proceedings work cont.

•Investigation of the persons circumstances, physical and mental state

•A personal examination/interview by physician and court appointed counsel is required

•Preparation and filing of written report

•Possible appointment of guardian of the person/property, pendente lite Cont

Continued

•Notice to the incapacitated person is required (in person service)

•Judicial hearing is conducted after notice to all interested persons

•Alleged incapacitated person must be present, unless physically/mentally unable

Cont

Guardianship Cont.

•Entry of judgment of incapacity:

•Appointing guardian of the person and/ or property

•Known as plenary guardianship; or in the alternative limited guardianship when and as needed according to facts and evidence of the case

•After entry of judgment, guardian must qualify before County Surrogate

Cont

Continued

• Bond must be posted and premium paid

•Thereafter semi-annual and annual accountings are filed with County Surrogate

Alternatives toGuardianship

•Durable POA

•Conservatorship

•What is conservatorship?

•How does it work?

•Benefits and disadvantages of conservatorship

Fredrick P. Niemann, Esq

Hanlon Niemann P.C.3499 Route 9 North, Suite 1-F

Freehold, NJ 07728732-863-9900

fniemann@hnlawfirm.com

www.newjerseyguardianshiplawyer.com

www.njelderlawcenter.com www.hnlawfirm.com