What is the Difference Between a Conservatorship and Adult Guardianship in New Jersey?

HNWElder Law, Guardianship Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann a Monmouth County, NJ Guardianship Attorney

A conservator in a NJ conservatorship has the court-ordered authority and responsibility to manage the affairs of those who can no longer make their own decisions about finances.  If the incapacitated person had planned ahead and signed a durable financial power of attorney for finances, before becoming incapacitated, that person won’t need a conservator because the person named in the document takes charge.  However, if no planning has been done which is a common situation and then family members must ask a court to appoint a conservator or guardian.

How a Conservatorship differs from an Adult Guardianship under NJ Law

New Jersey conservatorships are often called adult guardianships but the terms do not mean the same thing.  For the rest of this blog, we will use the term “conservatorship”.  If a court appoints someone to take care of financial matters, that person is usually called a “financial conservator of the ward,” while a person in charge of medical and personal decisions is a “guardian of the person.” An incapacitated person may need just one type of representative, or both. The same person can be appointed to take both jobs. Both types of conservators or guardians are supervised by and held accountable to a court.  Generally, guardianships are established for people who are in comas, suffer from advanced Alzheimer’s disease, or have other serious illnesses or injuries.

Contact me personally today to discuss your New Jersey guardianship or conservatorship 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 fniemann@hnlawfirm.com.


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