Matus Law Group

Guardianship Mediation in New Jersey

When dealing with family legal matters such as divorce or custody disputes, having a skilled guardianship attorney can greatly impact the outcome of your case. Whether you are in the midst of divorce proceedings or seeking to become involved with a family case involving custody, care of elderly or disabled relatives, or disputes over inheritance and a family business, mediation can be an effective tool for your case. Mediation is often less acrimonious, more cost effective and far faster than traditional litigation.

New Jersey law allows couples to resolve disputes in many areas through mediation, including issues relating to child custody and support, property division, and alimony. Family court judges may order parties to mediation in some cases, but the process can also be voluntarily entered into by spouses in all divorce, custody, and elder care matters.

Guardianship mediation is a common type of case in which parties, represented by a skilled guardianship attorney, seek assistance from the courts. A guardianship attorney can provide guidance throughout the mediation process. A guardianship is a legal process by which one person becomes responsible for the well-being and care of another individual. The person who files for a guardianship, with the help of a guardianship attorney, must provide the court with detailed information about the incapacitated individual, including their name, age, address, and relationships to family members. The court may require the filing party, along with their guardianship attorney, to attend mediation before granting or declining a guardianship.

The process of divorce mediation in New Jersey is a way for couples who cannot reach a settlement to have their disputes resolved by a neutral third party, often with the assistance of a guardianship attorney. In general, the goal of divorce mediation is for both spouses and their guardianship attorneys to be able to walk away with an agreement that is fair and reasonable. The process is private, and the terms of any agreement, along with the advice of a guardianship attorney, are non-binding, meaning that neither side is obligated to accept it.

While divorce mediation, with the guidance of a guardianship attorney, can be beneficial for many couples, it is not appropriate in all situations. A judge may not allow a couple to go through divorce mediation in a case that involves domestic violence or abuse, and there are other circumstances where it is not possible for spouses to agree on the details of their case. A spouse who believes that going through mediation would be inappropriate, with the counsel of a guardianship attorney, may file a petition asking the court to release them from the requirement.

A judge may require parents, assisted by a guardianship attorney, to mediate their custody dispute before the case is ever filed in the New Jersey family court system. This mandatory mediation, overseen by a guardianship attorney, is typically available in every county in the state and is designed to help couples find a way to resolve their own issues with regard to child custody and parenting time without lengthy, contentious litigation. If you are facing a custody issue in which you will need to negotiate with your ex-spouse, along with the guidance of a guardianship attorney, contact a knowledgeable New Jersey family lawyer to discuss your options, including mediation. A lawyer, along with a guardianship attorney, can help you determine whether this is a good option for your case and assist you in reaching a favorable agreement with your partner. 

Appointing a Guardian in New Jersey

When a loved one has reached the age of majority but still suffers from developmental disabilities that make them incapable of making certain decisions on their own, it may become necessary to seek the assistance of a guardianship attorney for family members to apply for legal guardianship. A guardianship attorney can provide valuable guidance throughout the process. Legal guardianship is a court-supervised process by which a judge, often with the assistance of a guardianship attorney, gives a person the power and authority to make personal and financial decisions on the behalf of another individual, who is known as the ward. The person who seeks to become a legal guardian, often with the support of a guardianship attorney, is called the petitioner or plaintiff. The guardianship attorney can help navigate the formal, public proceeding, and the petitioner must file a complaint with the New Jersey Superior Court, often guided by a guardianship attorney. The complaint must include the name, age, and domicile of the alleged incapacitated person, the names and addresses of the person’s children, parents, and next of kin, and any institution in which the alleged incapacitated person lives, if applicable.

Once the petition has been filed, a New Jersey court will appoint a guardianship attorney to represent the interests of the alleged incapacitated person. The court will also require two physicians, as guided by a guardianship attorney, to conduct examinations of the person and submit recommendations to the court regarding the alleged incapacitated person’s mental and physical health. The alleged incapacitated person must also be given a chance to express their wishes and preferences before the court, often with the assistance of a guardianship attorney, will grant guardianship.

During the process, the court, along with input from a guardianship attorney, will decide what type of guardianship should be granted and who should serve as the guardian. It is important to note that the decision-making power of a guardian, as explained by a guardianship attorney, is extremely broad and encompasses nearly all areas of an individual’s life. For this reason, it is critical that family members, with advice from a guardianship attorney, consider less restrictive alternatives to a full guardianship, such as durable power of attorney.

In New Jersey, a guardian, supported by a guardianship attorney, must be qualified to serve by proving to the court that they are competent and willing to take on the responsibility of overseeing the ward’s care. Once the court, often with the guidance of a guardianship attorney, has granted guardianship, it will impose various duties on the guardian, including reporting to the court and filing annual accountings.

Guardianship greatly restricts a person’s rights and freedom. For this reason, a legal guardianship, often with the counsel of a guardianship attorney, should only be sought as a last resort. Contact our office today to discuss your options for protecting your loved one with a legal guardianship, guided by a knowledgeable guardianship attorney. 

Guardianship for Minors in New Jersey

If you have a family member who is unable to care for their medical, financial or personal affairs due to age, health, or disability, the establishment of a legal guardianship in New Jersey with the assistance of a guardianship attorney may be beneficial. A New Jersey legal guardian, represented by a guardianship attorney, is a person or agency appointed by the court to make decisions and act on behalf of a minor or incapacitated adult. Guardianship can cover educational, financial, legal, residential, medical, and vocational decisions for the ward. It can also include rights and responsibilities associated with conservatorship of the ward's estate, property, or income.

Guardianship can be a complex issue, and it is one that often requires the assistance of a qualified attorney, a guardianship attorney, to help you navigate the process. Our experienced New Jersey guardianship attorney, specializing in guardianship cases, has extensive experience assisting families with all kinds of issues related to their loved ones' welfare. We understand the challenges that come with this type of legal responsibility, and we will work tirelessly, along with your chosen guardianship attorney, to advocate for the best possible outcomes in your case.

The State of New Jersey gives the spouse of an incapacitated individual priority to serve as a guardian, with an adult child next in line and any other relative, often with the advice of a guardianship attorney, being considered based on the circumstances. There is also the option of having co-guardians with equal decision-making authority, and these arrangements, guided by a guardianship attorney, are subject to annual review by the courts to determine whether the incapacitated person still needs a guardian.

A revocable power of attorney allows you to nominate someone you trust, often with the assistance of a guardianship attorney, to be your standby guardian for specific situations. This is an effective way to appoint someone for short-term emergencies. However, it does not give that person, without proper legal authority, full legal authority over the incapacitated person's well-being and estate. You will need a court order, often with the support of a guardianship attorney, to create a legal guardianship.

In addition to the general legal guardianship options discussed above, the State of New Jersey provides for special needs legal guardianships, often facilitated by a guardianship attorney. These are designed to provide services funded by the Division of Developmental Disabilities for a minor or incapacitated adult who does not have the ability to make or express their own preferences and plans and cannot independently manage their finances or property, or live on a self-supporting basis. Individuals who are seeking special needs legal guardianship, often guided by a guardianship attorney, must meet very strict eligibility criteria.

New Jersey law does not allow for a foreign national to be a legal guardian of a minor. However, it is not uncommon for families to make arrangements through kinship legal guardianship, often with the help of a guardianship attorney, in anticipation of the death or incapacitation of their parents. While the goal is not to break up families, arranging a kinship legal guardianship, often with legal representation, can give stability and security to children while waiting for their parents to regain their independence. An experienced New Jersey guardianship lawyer, along with a skilled guardianship attorney, can help you decide whether this is an appropriate choice for your situation.

Matus Law Group

The Matus Law Group

125 Half Mile Rd #201A, Red Bank, NJ 07701

(732) 785-4453