By Fredrick P. Niemann, Esq. a NJ Guardianship Attorney
Guardians are reimbursed for expenses, and paid for their services, from the assets of the person they are taking care of. Payments must be “reasonable” in the eyes of a court. Generally, payments are only made to professional or public conservators, but a family member who has been appointed conservator may also seek compensation by making a request to the court.
Financial Support for Someone under a Guardianship
A conservator isn’t required to support the guardian, just to manage the guardians’ own assets and make personal decisions for him or her. A financial guardian does have the responsibility to seek all financial benefits and coverage for which the guardian may qualify. These benefits may include Social Security, medical insurance, Veterans Administration benefits, pension and retirement benefits, disability benefits, public assistance, and Supplemental Security Income. When needed, close family members (including the guardian) often use their own money to help support a conservatee.
Ending a Guardianship
A guardian must act until the court issues an order ending this responsibility. This ordinarily happens when:
- the guardian dies
- the guardian no longer needs this level of assistance
- in the case of a financial guardianship, the guardian’s assets are used up, or
- the conservator resigns or can no longer handle the responsibilities. In this situation, the conservatorship itself does not end, but someone else takes over the conservator’s duties.
Contact me personally today to discuss your New Jersey 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 fniemann@hnlawfirm.com.