Top Randolph, NJ Guardianship & Conservatorship Lawyers Near You
Years Of Experience Handling All Aspects Of Family Law Throughout NJ. We Work Not Just For Our Clients, But With Our Clients.
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Selected To Super Lawyers in NJ for Divorce and Family Law, Mediation and Collaborative Law Services. Contact Us Today. We Are Here To Help .
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252 South St, Freehold, NJ 07728
Contact LaRocca Hornik Rosen Greenberg & Crupi LLC for your Guardianship & Conservatorship needs in New Jersey.
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11 Broad Street, Freehold, NJ 07728
Clients who need legal help with Guardianship & Conservatorship concerns can contact Law Office of Edward Fradkin, a reputable law firm in Randolph, New Jersey.
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7 North Willow Street, Suite 7A, Montclair, NJ 07042
Other Nearby Offices
Clients in the Randolph, New Jersey area who need legal help with Guardianship & Conservatorship issues can connect with Law Offices of Peter G. Aziz & Associates LLC.
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549 Summit Ave, Jersey City, NJ 07306
7 Giralda Farms, Madison, NJ 07940
17A Joyce Kilmer Ave N, 3rd Floor, New Brunswick, NJ 08901
7-G Auer Court, Williamsburg Commons, East Brunswick, NJ 08816
28 Valley Road, Suite 1, Montclair, NJ 07042
301 Route 17 N, Suite 211, Rutherford, NJ 07070
Main & LaReine Avenue, PO Box 188, Bradley Beach, NJ 07720
959 S. Springfield Ave, 3rd Floor, Springfield, NJ 07081
10 West Hanover Avenue, Randolph, NJ 07869
187 Washington Avenue, Suite 2F, Nutley, NJ 07110
60 Washington Street, Morristown, NJ 07960
161 Madison Ave, Suite 325-1, Morristown, NJ 07960
703 Richmond Ave, Point Pleasant Beach, NJ 08742
33 Park Street, Suite 2, Montclair, NJ 07042
2329 Route 34, Suite 301, Wall Township, NJ 08736
125 Half Mile Rd, Suite 200, Red Bank, NJ 07701
15 Commerce Blvd., Succasunna, NJ 07876
80 Court Street, Freehold, NJ 07728
One Hadley Ave, Toms River, NJ 08753
49 Market Street, Morristown, NJ 07960
15 Mountain Blvd, Warren, NJ 07059
100 South Jefferson Rd, Suite 200, Whippany, NJ 07981
Randolph Guardianship & Conservatorship Information
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What Is the Difference Between Guardianship and Conservatorship?
In some states and under specific contexts, guardianship and conservatorship can be used interchangeably, but there are differences.
A guardian more commonly refers to someone who is appointed to care for a child or minor. Conservators typically tend to the affairs of an elderly or an individual who a court has determined is mentally incapacitated. Also, in a guardianship, the guardian is generally responsible for making health care and overall wellness decisions for their wards. The appointed conservator makes more financial decisions in a conservatorship, often regarding an estate or other assets.
What Kind of Lawyer Handles Guardianships and Conservatorships?
Lawyers who practice family law often handle guardianships, especially if they are temporary guardianships. On the other hand, lawyers specializing in estate planning usually manage conservatorships. Given that most conservatorships include fiduciary duties and other financial considerations, it makes sense to retain the services of an experienced estate planning lawyer for conservatorships.
How Can You Cancel a Guardianship or Conservatorship?
Terminating a guardianship can be a lengthy and involved process. First, you’ll need to file the appropriate paperwork with the court, including a petition to terminate the guardianship and either a citation or notice of hearing. The citation is typically used if the subject of the guardianship is living, and the notice if the subject is deceased. You’ll also need to gather relevant documents, such as doctor’s notes, state-level guardianship documents, and in some cases, a final accounting.
Legal documents are served to the subject of the guardianship, their new guardian(s), the subject’s relevant relatives, and the subject’s attorney. These documents should be sent via certified mail with a return receipt. A court hearing will typically follow.
In a conservatorship, a conservatee can petition the court to terminate the arrangement if they can prove that they are of sound mind or their existing conservator is acting against their best interests. You can also cancel a conservatorship by natural courses such as the death of the conservatee, discharge of their estate, or by the conservator relinquishing their position.
How Can You Get a Guardianship or Conservatorship in New Jersey?
Any person who requires guardianship or conservatorship can make a request. If this is the case, you’ll need a lawyer for the legal proceedings, especially if the guardianship or conservatorship is contested.
Attorneys specializing in elder law, guardianship, or estate planning can help if you need to file or defend yourself against a guardianship or conservatorship. In cases where a conservatorship is contested by one side or the other, options such as a revocable trust (or living trust, where provisions remain alterable by the granter of the trust) may also be considered. Regardless, you’ll need to be sure to file all necessary paperwork. The LawInfo directory can help you find Guardianship lawyers near you in Randolph.
Getting a guardianship is also fairly simple if all parties agree. You’ll usually need a letter of consent from both parents and a filing fee. Interviews will likely occur between all parties, including the child, adult, or senior becoming a ward, their parents or next of kin, and the potential guardian or guardians. You might also need a criminal background check and a home inspection before the court agrees to grant guardianship.