Conservatorship and Guardianship
Understand the Differences Between Guardianship and Conservatorship
New Jersey law recognizes that people sometimes lack or lose the physical or mental capacity to attend to their personal or financial affairs. When you have a family member facing difficulties due to aging, developmental disabilities, sickness or serious injury, you might need the legal authority to step in and manage some or all aspects of his or her life. Guardianship or conservatorship could solve these challenges and protect a person from being overwhelmed by personal responsibilities or exploitation.
Guardians and conservators are two distinct positions. Both require interacting with a court. Guardianship in New Jersey takes place when a court appoints one or more parties to make decisions and manage the affairs of an incapacitated person, who will become known as the ward. A psychiatrist, psychologist or physician must provide documentation that demonstrates an individual’s incapacity.
Conservatorship involves the direct wishes of the person who will become the conservatee. The person, while competent to make decisions, chooses a conservator and authorizes that individual to control his or her finances and property. The conservatee retains the legal ability to change or revoke the assignment of a conservator.
A consultation with a Middlesex County estate planning attorney could provide important insights about your options for helping a person close to you who is struggling to make decisions.
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