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Hanlon Niemann, PC
3499 Route 9 North, Suite 1F
Freehold, NJ 07728
(732) 863-9900
fniemann@hnlawfirm.com
www.newjerseyguar...
Fredrick P. Niemann, Esq.
Fredrick P. Niemann offers his clients nearly 30 years of
accomplished practice in the law. He i...
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."
Th...
Today’s Topic
EFFECTIVE LIFE
CARE PLANNING
through a
• Guardianship(s)
• What is a Guardianship?
• How Does it Work?
• Do ...
Guardianship in
New Jersey
• Formal legal proceeding
• It is either an involuntary or voluntary
proceeding
Meaning: Person...
Cont.
• The Court determines a person’s mental
competency
• If deemed incompetent then:
The Court appoints a guardian of t...
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 ...
Cont.
Concerned about the vulnerability of a person
to physical and/or financial exploitation and/or
abuse
There is no sig...
Who Can File
Guardianship
• Only a:
• Blood or marriage relationship
• Relationship based on contract, trust or
confidence...
How Does the
Proceeding Work?
• Complaint filed in Superior Court
Supported by two affidavits of licensed
physician or one...
How proceedings work cont.
• Investigation of the persons circumstances,
physical and mental state
• A personal examinatio...
Continued
• Notice to the incapacitated person is
required (in person service)
• Judicial hearing is conducted after notic...
Guardianship Cont.
• Entry of judgment of incapacity:
• Appointing guardian of the person and/ or
property
• Known as plen...
Continued
• Bond must be posted and premium paid
• Thereafter semi-annual and annual
accountings are filed with County Sur...
Alternatives to
Guardianship
• Durable POA
• Conservatorship
• What is conservatorship?
• How does it work?
• Benefits and...
Fredrick P. Niemann, Esq
Hanlon Niemann P.C.
3499 Route 9 North, Suite 1-F
Freehold, NJ 07728
732-863-9900
fniemann@hnlawf...
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Lifecare planning by use of guardianships.website

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Lifecare planning by use of guardianships. Fred Niemann, NJ Guardianship Lawyer.

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Lifecare planning by use of guardianships.website

  1. 1. Hanlon Niemann, PC 3499 Route 9 North, Suite 1F Freehold, NJ 07728 (732) 863-9900 fniemann@hnlawfirm.com www.newjerseyguardianshiplawyer.com www.njelderlawcenter.com www.hnlawfirm.com Elder Law, Estate Planning, Asset Protection and Veterans Benefits Attorneys Lifecare Planning by Use of Guardianships
  2. 2. 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.
  3. 3. 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!"
  4. 4. Today’s Topic EFFECTIVE LIFE CARE PLANNING through a • Guardianship(s) • What is a Guardianship? • How Does it Work? • Do You Need One?
  5. 5. Guardianship in New 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
  6. 6. 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.
  7. 7. 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 mental understanding of the world around him/her Concerned about persons ability to care for their essential human needs Cont
  8. 8. 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.
  9. 9. 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
  10. 10. 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
  11. 11. 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
  12. 12. 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
  13. 13. 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
  14. 14. Continued • Bond must be posted and premium paid • Thereafter semi-annual and annual accountings are filed with County Surrogate
  15. 15. Alternatives to Guardianship • Durable POA • Conservatorship • What is conservatorship? • How does it work? • Benefits and disadvantages of conservatorship
  16. 16. Fredrick P. Niemann, Esq Hanlon Niemann P.C. 3499 Route 9 North, Suite 1-F Freehold, NJ 07728 732-863-9900 fniemann@hnlawfirm.com www.newjerseyguardianshiplawyer.com www.njelderlawcenter.com www.hnlawfirm.com

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