Most parents in New Jersey would likely agree that their children have different personalities and different needs. When determining guardianship of a child, it is important to consider the child’s unique personality traits. What is best for one child may not necessarily be the best arrangement for his or her siblings.
When a New Jersey child is terminally ill, his or her parents typically have the legal authority to make critical decisions about their child’s health care. However, in some cases, the court decides that the parents aren’t capable of making these important decisions, and guardianship of the child is given to another person. In order to transfer guardianship from the parents, it must be clear to the judge that the child’s parents do not have the best interests of the child in mind.
When a person over the age of 18 is deemed an “incapacitated individual”, someone unable to properly manage his or her life, a legal guardianship or conservatorship can be put into place. A guardianship or conservatorship essentially transfers the responsibility for a person’s personal affairs to a legal guardian. This may be another individual, multiple individuals or even a designated entity.
Teenage celebrities are often in the news for all the wrong reasons. Reports of reckless behavior and criminal activity seem to come with the territory. When a young person in Hudson County continuously makes choices that put him or her in danger it may be a good idea for his or her parents to consider a conservatorship.
With our aging population, many families are seeking guardianship over elderly relatives to help manage their finances and personal affairs in the face of incapacitation due to illness, such as dementia, Alzheimer’s or other debilitating conditions. However, a guardianship or conservatorship can also be granted over younger people in cases of severe substance abuse, mental illness or other medical conditions that prevent the person from having the full capacity to make proper decisions for his or her own life.
Legal authority to care for an incapacitated person may include full legal guardianship in which one person assumes responsibility for another including paying bills, managing property, determining living situations and making medical decisions. In other situations, a durable power of attorney, living trust or living will can appoint a person or entity to manage assets or healthcare decisions. A limited guardianship may be instituted if the person is still able to work and make some decisions on his or her own.
So, you've just decided to start a family. This can be one of the most exciting times for a person or couple. Whether a family is started through giving birth or through adoption, parents should help ensure their children are protected should anything happen to their parents. While the beginning of a family can be a hectic time, with changing diapers and getting very little sleep, it is important that parents take time as soon as possible to arrange a will and provide guardianship for the child.
It is estimated that one in eight baby boomers will develop some form of dementia, such as Alzheimer's, after they turn 65. That's according to the Alzheimer's Association. The group estimates that of those boomers who reach 85, half will develop the debilitating effects. With statistics like that is it any wonder why estate planning attorneys in New Jersey and elsewhere work so hard to deliver the message that the time to plan is now?
According to one estimate, set by an AARP survey in 2009, more than 42 million Americans provide family care for an adult family member who needs help with every day activities. Another 61 million provide some level of care to an elder family member at least some time during any given year. New Jersey residents are not immune. For many, it is a role that is thrust upon them without warning.