Guardianship & Conservatorship for Incapacitated Adults (Part II)

HNWElder Law, Guardianship Law

By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney

Only a judge can decide if a person is incapacitated and then he or she will appoint a guardian and/or conservator for that person.  Once a judge decides that a person needs a guardian and/or conservator, the judge has discretion in deciding who the guardian will be and what type of guardian and/or conservator should be appointed.  A guardian and/or conservator can be totally in charge of a person’s affairs, or the guardian’s and/or conservator’s authority can be limited to making specific decisions.

Guardianship in New Jersey is deemed to be an extreme form of intervention and intrusion to another person’s life because control over personal and/or financial decisions is transferred to someone else for an indefinite or permanent period of time.  Once established, it can be difficult to revoke.  Therefore, guardianship should only be used as a last resort.  There are times when a person might need a guardian, but can be served in a less restrictive way.

Contact me personally today to discuss your guardianship matter.  I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns.  You can reach me toll free at (855) 376-5291 or e-mail me at

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