Guardianship Lawyers in NJ
Learn More About Medical Directives, Estate Planning, & Other Guardianship Issues
As part of our elder law, special needs, family and probate legal practices, Cosner Youngelson understands that at the core of what we do is try to protect our clients and their loved ones. We are adept at handling difficult situations where decisions need to be made regarding individuals who cannot take care of themselves and lack the mental capacity to act in their own best interest. We help clients and their families get a guardian appointed to manage the affairs of this type of individual, or in some situations, we take on the guardianship role to ensure that such individuals are protected.
If you have a question regarding the role of a guardian or feel that someone you know needs guardianship protection, contact us today to schedule a free consultation to discuss your situation at our East Brunswick, New Jersey office.
The attorneys at Cosner Youngelson are here to help individuals and families in any situation who may require a guardian, including:
- Incapacitated adults and minors
- Children who have mental conditions, such as schizophrenia who are now legally adults but still cannot care for themselves
- Disabled and special needs individuals
- Minors whose parents have died or been rendered incapacitated
- Minors in a probate proceeding and the distribution of assets being left to them
- Children in a volatile divorce action whose best interests are not being looked out for
Cosner Youngelson attorneys are familiar with the process of applying for guardianship as well as with the judges who hear and grant these petitions. In a guardianship proceeding, Firm attorneys will help you determine who should assume the guardianship role. We will help you collect and provide proof that there is a need for guardianship, and we will guide and advise you on the documents and information that must be presented to the Court to obtain guardianship. If there is a dispute as to who should be the guardian – known as a “contested” guardianship – we will help you present evidence to the Court as to why you should be the guardian.
As of September 1, 2016, New Jersey Courts put in place new rules which substantially changed the procedures and requirements for guardianship applications. The new rules are complex and technical, and require much more from families who are seeking guardianship of a loved one. Firm attorneys are familiar with, and know how to help you comply with, the new requirements.
Once a guardian is appointed for an incapacitated individual, we will make sure the proper protective documents are drafted and filed. Our firm also will advise and help with long term care planning and protection of any public or private benefits, such as Medicaid they may be eligible to receive. Where appropriate, we can prepare a special needs trust for an incapacitated individual which will preserve that individual’s right to receive government benefits while also allowing the family to provide for long-term financial security for the incapacitated individual. Our Firm also may assist in the appointment of a conservator for an individual who needs assistance with managing his or her finances, if necessary.
We pride ourselves on being as comprehensive as possible when it comes to helping clients and their families determine when a guardianship is needed, how to apply for and obtain guardianship, and how to help guardians execute their duties. When we are appointed guardians, we hold ourselves to this same duty of care to protect those we have been put in charge of. Contact us today to see how we can help you with any guardianship issue.