Northern New Jersey Guardianship Lawyers
Hackensack and Bergen County

At Guston & Guston, LLP, our attorneys are well versed in all matters related to guardianships for children and adults. Our New Jersey guardianship lawyers work to make the process of creating guardianships as easy as possible. When the process does not proceed smoothly, we can represent your interests through litigation. To discuss guardianship issues with a knowledgeable northern New Jersey guardianship lawyer, contact Guston & Guston, LLP, in Glen Rock, New Jersey.

Guardianship of Children
New Jersey legal guardianship is based on consent. The New Jersey Kinship Guardianship Act was designed to streamline the process of establishing a guardianship for relatives who have been caring for a minor child for more than 12 months. Usually such situations arise when the parent becomes ill and cannot care for the child and relatives then assume responsibility for child’s care. If the parent consents to the New Jersey kinship guardianship petition, the petition is usually approved quickly by a surrogate using the criteria of New Jersey kinship. Guardianship arrangements move forward quickly after consent is obtained.

New Jersey kinship guardianship applications can become complicated if needed consent is lacking. If one parent does not give consent, or if one parent is unable to give consent, because her or she cannot be found or is incarcerated, the guardianship matter goes before a family court judge. In addition, in New Jersey kinship guardianship petitions, the wishes of an older child may be taken into account by the family court judge. New Jersey law also permits short-term, temporary guardianships or custodial arrangements. To discuss minor guardianship in New Jersey with knowledgeable lawyers, simple or complex, contact us at Guston & Guston, LLP.

Adult Guardianship
Our lawyers help families establish guardianships or name conservators for adults. Each case is different, and families find themselves in a wide range of situations that may require the establishment of a guardianship. For example, parents may need to name a conservator or guardian for an adult child if the child is disabled. Children may need to become surrogates for or guardians of elderly parents or relatives. The guardianship petition may need the expert opinions of physicians regarding the capacity of an elderly relative or parent to care for him or herself. Our New Jersey guardianship lawyers can recommend doctors skilled in evaluating the abilities of senior citizens.

We can also help families evaluate the types of guardianships needed. Whether or not to appoint two guardians, one for personal needs—housing, food, and clothing—and one to oversee business affairs—paying bills and managing assets—is a question that our knowledgeable guardianship lawyers can help you answer. In some cases a single guardian will be sufficient, while in others a guardian conservator, or financial guardian, and a personal guardian of the elder will be better choice.

Adult guardianship proceedings occasionally result in litigation, when one family member disputes the appointment of another as guardian. When this happens, our skilled guardianship litigators can assist.

Unmarried and gay or lesbian couples face special problems when working through guardianship issues. In particular, appointing one partner as guardian of the other may prompt a challenge from family members. New Jersey judges are generally sympathetic to the stated wishes of domestic partners, either gay or straight. However, documenting those stated wishes requires a knowledgeable guardianship attorney to steer the process correctly. Our New Jersey guardianship lawyers help one partner establish priority as a potential guardian of the other.

Our skilled attorneys frequently lecture on the topic of naming guardians, as well as general estate planning issues, within the GLBT community. To discuss any guardianship issues with our knowledgeable lawyers, contact us at Guston & Guston, LLP.

Guston & Guston, LLP
55 Harristown Road
Glen Rock, New Jersey 07452-3303
Phone: 201-447-6660
Fax: 201-447-3831
E-mail

New Jersey kinship guardianship lawyer serving Hackensack, Paterson, Newark, Flemington, New Brunswick, Morristown, Jersey City, and Somerville and the counties of Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Passaic, Somerset, Sussex, Union and Warren.