Probate Litigation/Guardianships

Guardianship is a legal proceeding in which a guardian is appointed to exercise the legal rights of an incapacitated or disabled individual. When you become responsible for an aging parent or disabled adult or child, you may petition the court to be named a legal guardian. In order to petition the court, you must be represented by an attorney who will serve as “attorney of record.”

The person for whom you are granted guardianship is referred to as a ward. In a guardianship proceeding, rights are removed from the ward and are delegated to the appointed guardian.

New Jersey law recognizes different types of guardianship, which depend on the court’s determination of a ward’s capabilities:

  • Temporary guardianship
  • Limited guardianship
  • Special guardianship
  • Full guardianship

Guardianship entails significant responsibilities, which may include providing medical, mental and personal care services, and deciding on the place and type of residential setting best suited for your ward. If you are granted full guardianship, you will also have authority over the ward’s property and finances, and will be accountable to the court and may require court approval for certain financial transactions.

The attorneys at Helfand & Associates, with an office in Whippany, provide legal services related to guardianship for individuals throughout New Jersey. When the care of an aging parent or a disabled family member falls to you, our attorneys will carefully explain guardianship proceedings and ensure that you understand the duties and obligations you will have, when you become a guardian.

We invite you to call our firm at (973) 428-0800 in to arrange an appointment to speak with an attorney and learn how our firm can assist you.

Helpful Links:

Guardianship Association of New Jersey
National Guardianship Association

New Jersey Family Lawyer Blog - Spousal support