![Page 1: Lifecare planning by use of guardianships.website](https://reader035.vdocuments.us/reader035/viewer/2022081413/5482b70ab4af9f910d8b4821/html5/thumbnails/1.jpg)
Hanlon Niemann, PC3499 Route 9 North, Suite 1F
Freehold, NJ 07728(732) 863-9900
[email protected] www.newjerseyguardianshiplawyer.com
www.njelderlawcenter.comwww.hnlawfirm.com
Elder Law, Estate Planning, Asset Protection and Veterans Benefits
Attorneys
Lifecare Planning by Use of Guardianships
![Page 2: Lifecare planning by use of guardianships.website](https://reader035.vdocuments.us/reader035/viewer/2022081413/5482b70ab4af9f910d8b4821/html5/thumbnails/2.jpg)
Fredrick P. Niemann, Esq.
Fredrick P. Niemann offers his clients nearly 30 years of accomplished practice in the law. He is a member of the National Academy of Elder Law Attorneys, the Guardianship and Conservatorship Committee of NAELA, Monmouth County Probate and Estate Committee and the Monmouth County Chancery Practice Committee. He is a certified will case mediator approved by the NJ Supreme Court. Mr. Niemann is one of the select few attorneys in NJ, accredited by the Veteran’s Administration to apply for Aid and Attendance benefits for Veterans and their spouses. He has been listed by the prestigious Martindale-Hubbell as “peer review” rated for 2008. A Martindale-Hubbell rating attests to a lawyer’s legal ability and professional ethics, it reflects the confidential opinions of the bar and judiciary.
![Page 3: Lifecare planning by use of guardianships.website](https://reader035.vdocuments.us/reader035/viewer/2022081413/5482b70ab4af9f910d8b4821/html5/thumbnails/3.jpg)
Legal Wit
A man went to his lawyer and said, "I would like to make a will but I don't know exactly how to go about it."
The lawyer said, "No problem, leave it all to me."
The man looked somewhat upset and said, "Well, I knew you were going to take the biggest slice, but I would like to leave a little to my children too!"
![Page 4: Lifecare planning by use of guardianships.website](https://reader035.vdocuments.us/reader035/viewer/2022081413/5482b70ab4af9f910d8b4821/html5/thumbnails/4.jpg)
Today’s Topic
EFFECTIVE LIFE CARE PLANNING
through a
•Guardianship(s)
• What is a Guardianship?
• How Does it Work?
• Do You Need One?
![Page 5: Lifecare planning by use of guardianships.website](https://reader035.vdocuments.us/reader035/viewer/2022081413/5482b70ab4af9f910d8b4821/html5/thumbnails/5.jpg)
Guardianship inNew Jersey
•Formal legal proceeding
•It is either an involuntary or voluntary proceeding
Meaning: Person agrees or disagrees they are incapacitated or significantly impaired and require the appointment of a guardian.
Cont
![Page 6: Lifecare planning by use of guardianships.website](https://reader035.vdocuments.us/reader035/viewer/2022081413/5482b70ab4af9f910d8b4821/html5/thumbnails/6.jpg)
Cont.
•The Court determines a person’s mental competency
•If deemed incompetent then:
The Court appoints a guardian of the person and property of the incapacitated person.
![Page 7: Lifecare planning by use of guardianships.website](https://reader035.vdocuments.us/reader035/viewer/2022081413/5482b70ab4af9f910d8b4821/html5/thumbnails/7.jpg)
Guardianships are governed by (New Jersey Laws N.J.S.A.3B-12-(1) et. seq.) and Court Rules (R4:86)
When is a guardianship appropriate?
Concerned about persons mentalunderstanding of the world
aroundhim/her
Concerned about persons ability to
care for their essential human needs
Cont
![Page 8: Lifecare planning by use of guardianships.website](https://reader035.vdocuments.us/reader035/viewer/2022081413/5482b70ab4af9f910d8b4821/html5/thumbnails/8.jpg)
Cont.
Concerned about the vulnerability of a person to physical and/or financial exploitation and/or abuse
There is no signed POA and/or Durable Healthcare Directive prior to onset of incapacity.
![Page 9: Lifecare planning by use of guardianships.website](https://reader035.vdocuments.us/reader035/viewer/2022081413/5482b70ab4af9f910d8b4821/html5/thumbnails/9.jpg)
Who Can File Guardianship
•Only a:
•Blood or marriage relationship
•Relationship based on contract, trust or confidence
•“stranger” cannot file proceeding.
•Recent case has allowed “social services agency/organization” for elderly/disabled to commence proceeding
![Page 10: Lifecare planning by use of guardianships.website](https://reader035.vdocuments.us/reader035/viewer/2022081413/5482b70ab4af9f910d8b4821/html5/thumbnails/10.jpg)
How Does the Proceeding Work?
•Complaint filed in Superior Court
Supported by two affidavits of licensed physician or one licensed psychologist of addressing persons mental capacity
Appointment by Court of counsel for individual to investigate person’s competency and report to court
Cont
![Page 11: Lifecare planning by use of guardianships.website](https://reader035.vdocuments.us/reader035/viewer/2022081413/5482b70ab4af9f910d8b4821/html5/thumbnails/11.jpg)
How proceedings work cont.
•Investigation of the persons circumstances, physical and mental state
•A personal examination/interview by physician and court appointed counsel is required
•Preparation and filing of written report
•Possible appointment of guardian of the person/property, pendente lite Cont
![Page 12: Lifecare planning by use of guardianships.website](https://reader035.vdocuments.us/reader035/viewer/2022081413/5482b70ab4af9f910d8b4821/html5/thumbnails/12.jpg)
Continued
•Notice to the incapacitated person is required (in person service)
•Judicial hearing is conducted after notice to all interested persons
•Alleged incapacitated person must be present, unless physically/mentally unable
Cont
![Page 13: Lifecare planning by use of guardianships.website](https://reader035.vdocuments.us/reader035/viewer/2022081413/5482b70ab4af9f910d8b4821/html5/thumbnails/13.jpg)
Guardianship Cont.
•Entry of judgment of incapacity:
•Appointing guardian of the person and/ or property
•Known as plenary guardianship; or in the alternative limited guardianship when and as needed according to facts and evidence of the case
•After entry of judgment, guardian must qualify before County Surrogate
Cont
![Page 14: Lifecare planning by use of guardianships.website](https://reader035.vdocuments.us/reader035/viewer/2022081413/5482b70ab4af9f910d8b4821/html5/thumbnails/14.jpg)
Continued
• Bond must be posted and premium paid
•Thereafter semi-annual and annual accountings are filed with County Surrogate
![Page 15: Lifecare planning by use of guardianships.website](https://reader035.vdocuments.us/reader035/viewer/2022081413/5482b70ab4af9f910d8b4821/html5/thumbnails/15.jpg)
Alternatives toGuardianship
•Durable POA
•Conservatorship
•What is conservatorship?
•How does it work?
•Benefits and disadvantages of conservatorship
![Page 16: Lifecare planning by use of guardianships.website](https://reader035.vdocuments.us/reader035/viewer/2022081413/5482b70ab4af9f910d8b4821/html5/thumbnails/16.jpg)
Fredrick P. Niemann, Esq
Hanlon Niemann P.C.3499 Route 9 North, Suite 1-F
Freehold, NJ 07728732-863-9900
www.newjerseyguardianshiplawyer.com
www.njelderlawcenter.com www.hnlawfirm.com