Defending Your Loved Ones Through A Guardianship

Guardianship is a crucial component of comprehensive estate planning that ensures the well-being of your dependents should you become unable to care for them. Whether you are the parent of children or you are looking after a vulnerable adult, you want to be sure they are protected if you are no longer able to care for them.

At The Manna Helmy Law Group, we proudly help the New Jersey community through the sensitive process of appointing a guardian and offering legal counsel that aligns with your wishes and the best interests of those you love. Establishing guardianship in New Jersey is a key step in thorough estate planning, and we can help you defend your needs through your planning.

The Role Of Guardianship In Your Estate Plan

Proper estate planning extends beyond accounting for your assets; it also means protecting your loved ones, especially the ones who depend on you on a day-to-day basis. We can help you understand the full responsibilities of a guardian to ensure that you choose someone worthy of the role to look after your loved ones.

Before appointing someone to this position in your estate planning process, there are several factors worth considering, including the potential guardian’s relationship with the ward (the person needing guardianship), the ward’s specific needs, the guardian’s ability to fulfill their duties and the legal requirements of the state of New Jersey. We can help you review your unique situation and the needs of your dependents to ensure that you are making a choice that protects your ward’s needs.

What Are Some Common Mistakes People Make When Setting Up Guardianship?

One of the most common mistakes people make about establishing guardianship in New Jersey is simply waiting too long to do it. Ideally, parents should create an estate plan as soon as possible and name a guardian for their children as soon as they’re born.

Another common mistake people make during this process is choosing the wrong guardian. Many people immediately turn to a close relative, but it’s important to think carefully about who will care for your child if something happens to you and your spouse. As mentioned previously, parents may want to consider their child’s preferences, the financial situation of the intended guardians, their location and more when picking a guardian for their children.

Being unclear about the details in your guardianship is another mistake people may make. Establishing guardianship is more than just naming a couple or a person in your estate plan. An attorney can help you create a detailed, thorough plan for this part of your estate plan. It’s better to be extremely detailed rather than vague, especially when it comes to your kids.

What Happens If My Child Has A Disability?

There are many extra considerations to make throughout life when your child has a disability, and their guardianship is no different. In these situations, it is especially important to work with an experienced estate planning attorney. When creating an estate plan for a child who has special needs, extra consideration, detail and thought are needed to go into the plan. An attorney can help you make thoughtful, secure decisions in your estate plan that account for the best interests of your child to ensure your child is protected.

What If Guardianship Is Disputed Between More Than One Party?

Guardianship disputes are not uncommon. But they can cause significant issues down the road. Any number of other parties can contest established guardianship for any number of reasons. It is especially complicated if the details of guardianship are not explicitly clear in your estate plan. Creating a detailed plan for guardianship is essential, as mentioned above. However, even a thorough plan can be subject to dispute for reasons that may have been out of your control. In these cases, the disputes can be resolved by your estate planning attorney or in court if necessary.

Create A Guardianship And Protect Your Peace Of Mind

We understand that choosing someone to take your place as the protector of your children or vulnerable adult is a major choice with a lot of things to consider, and our lawyers want to be the ones who help you make that decision. Meet with our team at our Ridgewood office to receive the legal guidance you need through your guardianship appointment by calling us at 201-345-3018 or emailing us here.