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Guardianship

   GUARDIANSHIP IN NEW JERSEY

 

Attorney Lawrence Hersh has participated in guardianship matters in Bergen County, Passaic County, Essex County, Union County, Hudson County and other counties in Northern New Jersey.   He frequently acts  as ether court appointed attorney on behalf of an alleged incapacitated individual, or on behalf of a person seeking to become guardian over a friend or relative.   With his extensive guardianship experience, he can counsel and assist you through the guardianship process.

What is a Guardianship?

In New Jersey, if a determination is a made by the Court that a person is deemed incapacitated, then a guardian may be appointed over the person, his property or both.  The guardian that may be appointed is a general, limited or pendente lite temporary guardianship.

What is the Guardianship Process?

The guardianship process in New jersey is governed by Rules of Court 4:86-1, et. seq.  The process begins by the filing of a verified complaint, usually with the Chancery Division of he Superior Court.  The complaint is usually filed by the party seeking guardianship or by another interested party.  The complaint must include basic information about the allegedly incapacitated individual, as required by the Court Rules.  Additionally, attached to the verified complaint must be an affidavit stating the nature, location and fair market value of any real property owned by the allegedly incapacitated individual as well as information regarding the personal property owned by the individual.  Also required to be attached are affidavits of two physicians or one physician and one licensed practicing psychologist, which must include among other things, an opinion as to the extent to which the alleged incapacitated person is unfit and unable to govern himself or herself and to manage he or her affairs.  Subsequently, the Court will appoint an attorney for the allegedly incapacitated individual, who will meet with the allegedly incapacitated individual, interview the prospective guardian and as well as any other interested persons and then prepare a report for the Court.  If the matter is not contested, then the Court will usually schedule a hearing, and appoint a guardian without a trial.  If the matter is contested, then a trial will held, and the court will make a determination whether the individual is incapacitated and if so, appoint an appropriate guardian.

If you need more information about guardianship, feel free to call Lawrence Hersh, an experienced New Jersey Guardianship Attorney, at (201) 507-6300.

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