We step up for our families. And sometimes, we step up in extraordinary ways. That is especially true for individuals who take on guardianship roles for their loved ones.
When a loved one cannot make decisions for themselves—whether they are a child, an elderly parent, or a family member with special needs—a legal guardianship can help you care for them and protect them from predatory actors. While these decisions are difficult, an experienced New Jersey guardianship attorney can simplify the process and reduce your worries.
With more than 25 years of legal experience and a singular focus on estate planning, elder law, and asset protection, Willis Law Group can meet your family’s needs. Let us guide you and protect your family bonds.
Guardianship of a Child
Some children need a parental figure to step in without going through the full adoption process. An adult may become a guardian of a minor when a parent cannot care for their child due to death, incapacity, or other circumstances.
What Does a Guardian of a Minor Do?
The court may appoint a guardian to make the following types of decisions for a child:
- Personal,
- Educational,
- Medical,
- Legal, and
- Financial.
Generally, the guardian has the same role as a parent with custody. However, guardians do not have the same obligation as parents to support a child financially with their personal funds.
Who Can Be a Guardian of a Minor?
Any adult can become a guardian over a child, as long as their guardianship is in the child’s best interests. However, family members are often a great choice.
New Jersey law allows relatives like grandparents, aunts, or uncles to step in through kinship legal guardianship. This option provides long-term stability for children without permanently severing parental rights. It strikes a balance: The guardian takes on responsibility, while parents retain some limited rights and obligations, such as the right to visitation and the duty to pay child support.
Choosing or becoming a guardian for a child is a huge undertaking. Our skilled New Jersey guardianship lawyer can help families navigate these difficult choices and ensure the child’s best interests remain at the center of the process.
Guardianship of an Adult
When an adult loses capacity due to illness, substance use issues, disability, or age-related decline, the court may appoint a guardian, which could involve:
- Guardianship over personal needs—making decisions about healthcare, housing, and day-to-day needs;
- Guardianship over property—managing finances, assets, and legal matters; or
- General guardianship—handling both personal and financial affairs.
In many cases, the court determines the extent of the guardianship necessary for the incapacitated adult’s circumstances. The guardianship can end once the incapacitated adult regains the capacity to make their own decisions.
A clear legal framework from a New Jersey adult guardianship lawyer can prevent disputes and ensure consistent, lawful care.
Testamentary Guardianship
Parents can name a guardian for their minor or incapacitated adult children in their last will and testament, also called testamentary guardianship. The court typically honors this nomination if both parents pass away, provided it serves the child’s best interests. A spouse or domestic partner of an incapacitated adult can also nominate guardians for their partner or spouse in their will.
Without a testamentary guardian designation, families risk disputes or uncertainty about who will raise a child or care for an adult in need. Addressing guardianship in your estate plan can give your loved one protection and stability.
Power of Attorney for Child Guardianship
Families typically have full court hearings to prove a person’s need for a guardianship and the guardian’s ability to fulfill the role. But sometimes, parents can appoint a guardian for their child without lengthy court proceedings. If all living parents with capacity agree, they can sign a power of attorney for child guardianship.
While traditional guardianship lasts until a child turns 18, a power of attorney arrangement typically lasts one year (with an option to extend it). Our New Jersey guardianship attorney can develop and argue for the right guardianship arrangement for your family.
Court Oversight
Even after a guardian is appointed, the court retains oversight. In many cases, guardians must file reports, seek approval for major decisions, and comply with monitoring requirements. The court can modify or terminate a guardianship if circumstances change.
This judicial supervision provides an extra safeguard for vulnerable individuals. It also helps ensure that a guardianship remains appropriate and in the best interest of the person at the heart of the matter.
How an Attorney Can Help
Guardianship cases are often deeply personal, legally complex, and time-sensitive. At Willis Law Group, we help clients navigate every stage of the process, from determining whether guardianship is necessary to preparing court filings and representing families in hearings.
Here is what sets our firm apart:
- Personalized initial meetings. We dedicate up to an hour to an initial consultation and come prepared with tailored solutions.
- Strong processes. Our proven systems create clarity and efficiency.
- Continuity of service. The same paralegal supports you from intake to closure, helping ensure consistency and trust.
- Unique trial experience. Our lead attorney is a former prosecutor in elder law matters, bringing deep litigation knowledge to protect clients in contested cases.
- Focused practice. Elder law and estate planning are all we do, and we do them well.
- Decades of experience. Decades of service mean we know the courts, the law, and the challenges families face.
Our New Jersey guardianship attorney has extensive experience protecting the people our clients love the most.
We Can Safeguard Your Next Steps
With the right legal guidance, you can secure your loved one’s future and protect them in times of crisis. At Willis Law Group, we combine compassion with legal acumen to deliver results to families with estate planning needs.
If you are ready to take the next step, contact us by phone or online today to schedule your personalized initial consultation. Together, we can build a plan that protects your family for now and the future.