Best Guardianship Lawyers in Cherry Hill

About Guardianship Law in Cherry Hill, United States

Guardianship is a legal arrangement where a person is appointed to make decisions on behalf of an individual who is unable to make decisions for themselves. In Cherry Hill, United States, guardianship laws are governed by state statutes and vary depending on the circumstances of the case.

Why You May Need a Lawyer

You may need a lawyer for guardianship issues if you are seeking to become a guardian for a loved one, if you are contesting a guardianship appointment, or if you are facing challenges in fulfilling your responsibilities as a guardian. A lawyer can help you navigate the legal process, ensure your rights are protected, and advocate on your behalf.

Local Laws Overview

In Cherry Hill, United States, guardianship laws are primarily found in the New Jersey Statutes Title 3B: Administration of Estates -- Decedents and Others. These laws dictate the process for establishing guardianship, the responsibilities of guardians, and the rights of incapacitated individuals. It is important to consult with a lawyer to understand how these laws apply to your specific situation.

Frequently Asked Questions

1. What is the difference between a guardian and a conservator?

A guardian is appointed to make personal and healthcare decisions for an individual, while a conservator is appointed to manage the financial affairs of an individual. In some cases, one person may serve as both guardian and conservator.

2. How can someone be declared incapacitated and in need of a guardian?

A person can be declared incapacitated through a court proceeding where evidence is presented to show that the individual is unable to make decisions for themselves due to a physical or mental condition.

3. Can I be a guardian for a minor child?

Yes, you can be appointed as a guardian for a minor child if the child's parents are unable to fulfill their parental responsibilities. The court will consider the best interests of the child when making this decision.

4. How long does a guardianship last?

A guardianship can last indefinitely or until the incapacitated individual is able to make decisions for themselves. The court will review the guardianship periodically to ensure it is still necessary.

5. Can a guardianship be contested?

Yes, a guardianship can be contested if there are concerns about the fitness of the proposed guardian or if there is evidence that the guardianship is not in the best interests of the incapacitated individual.

6. What are the responsibilities of a guardian?

The responsibilities of a guardian include making decisions about the incapacitated individual's care, housing, medical treatment, and other important aspects of their life. The guardian must act in the best interests of the individual at all times.

7. Can a guardianship be terminated?

A guardianship can be terminated if the incapacitated individual is able to make decisions for themselves or if it is no longer necessary to have a guardian appointed. A court proceeding is typically required to terminate a guardianship.

8. Can I choose who will be my guardian?

If you have capacity, you can express your preferences for a guardian in advance through a legally binding document like a power of attorney or healthcare proxy. However, the court has the final decision on who will be appointed as a guardian if you are declared incapacitated.

9. Can I change my guardian if I am unhappy with their decisions?

If you believe your guardian is not acting in your best interests, you can petition the court to have them removed and replaced with a new guardian. The court will consider the reasons for the change and the best interests of the incapacitated individual.

10. How much does it cost to establish a guardianship?

The cost of establishing a guardianship can vary depending on the complexity of the case and whether legal representation is needed. Court fees, attorney fees, and other costs may be involved in the process.

Additional Resources

For more information on guardianship in Cherry Hill, United States, you can contact the New Jersey Courts Guardianship Monitoring Program or the New Jersey Department of Human Services Division of Aging Services. These organizations can provide guidance and support for individuals seeking legal assistance in guardianship matters.

Next Steps

If you are in need of legal assistance for guardianship issues in Cherry Hill, United States, it is recommended that you consult with a qualified attorney who specializes in guardianship law. An attorney can assess your situation, explain your legal rights and options, and represent your interests in court proceedings. Don't hesitate to seek legal help to ensure that your rights and the rights of your loved ones are protected.