Guardianship Versus Conservatorship
Estate planning involves a wide range of considerations, and each person or family will have specific estate planning considerations that are particular to their circumstances, including tools for leaving assets to loved ones, ensuring that health care wishes are respected, and identifying a guardian for minor children in the event of an unexpected death. Guardianship and conservatorship are two aspects of estate planning that you should discuss with an attorney to determine whether they are something that you should consider and, if so, how to go about seeking a guardianship or conservatorship. Our Summit estate planning lawyers can give you more information.
What is a Guardianship?
The term “guardianship” in New Jersey refers to the legal authorization that one person is given to act on another person’s behalf. The person with the legal authorization to act is known as the guardian. A guardian can be appointed for a minor (such as in the event that a minor’s parents are both killed in an accident) or for an incapacitated adult. As the New Jersey Department of Human Services explains, the purpose of a guardianship for either a minor or an incapacitated adult is “to assure that the person’s health, safety, and welfare needs are met and that his or her rights are protected.”
Under New Jersey law, a guardianship can be “of the person” and/or “of the estate.” When someone is the guardian of the person and the estate, it is known as a “plenary” guardianship. However, you can also have a guardian of just the estate or just the person depending on the circumstances. A guardian for an incapacitated individual can only be appointed by the court, and by necessity, upon a showing of the adult’s legal incompetence.
What is a Conservatorship?
In New Jersey, the term “conservatorship” is used to refer to the legal authorization that one person is given to handle another person’s financial affairs. In many states, what New Jersey calls a conservatorship is known as a guardianship of the estate (versus a guardianship of the person).
A conservator — the person with the authority to handle another person’s financial affairs — must pay bills and debts, collect money on behalf of the person when it is owed, and pay for their care and maintenance.
Guardianships and Conservatorships through the Court
When you are thinking about a potential guardian for your minor child in the event of an unexpected event, you can work with a Summit estate planning attorney to include this information in your will.
For adult guardianships, all requests for a guardianship or conservatorship must go through the courts. A judge will need to determine the incompetence of the adult and will need to ensure that a guardianship or conservatorship is appropriate under the circumstances. A guardianship attorney can answer questions you have and can assist you with various aspects of guardianships and conservatorships in New Jersey.
Contact a Summit Guardianship Attorney
For questions about a guardianship or conservatorship in Summit, it is important to seek advice from one of the experienced New Jersey estate planning attorneys at Dempsey, Dempsey & Sheehan. Our firm can help you to understand when a guardianship or conservatorship may be necessary, and we can assist you with the process of seeking either a guardianship or conservatorship. Contact us today for more information.
Sources:
law.justia.com/codes/new-jersey/title-3b/section-3b-13a-23/
nj.gov/humanservices/ddd/assets/documents/guardianship-fact-sheet-english.pdf
nj.gov/humanservices/ddd/assets/documents/individuals/guardianship-faqs.pdf
