When a relative can no longer make their own decisions due to age, incapacity, or illness, a legal solution called guardianship protects them and their interests. Litigation arises when disputes occur during the process. Sometimes, family members disagree on who should take the lead, and sometimes, a party opposes designating a guardian at all.

Medical emergencies are stressful and emotional situations. At Nesevitch Law, LLC, we know how important it is to keep your loved ones safe. Our experienced guardianship litigation attorneys provide tailored solutions to help resolve conflicts while prioritizing the individual’s best interests. If you need assistance with guardianship litigation in Manalapan Township, look no further than our firm.

Guardianship Law

Guardianship is a legal doctrine that authorizes a guardian to make personal, financial, or healthcare decisions for someone unable to do so independently, known as the ward.  This applies to individuals with:

  • Dementia
  • Alzheimer’s disease
  • Developmental issues
  • Severe mental illness
  • Debilitating physical conditions

The court may appoint a guardian to make decisions regarding the ward’s person or property. To protect the incapacitated person from theft or being taken advantage of, the court will post a surety bond during the process.

The state’s guardianship statute provides a framework for relevant matters. If a person does not have a guardian selected, the court may appoint one. For individuals who can still make certain decisions, the statute allows for the appointment of a limited guardian to manage specific matters. The court may appoint a temporary guardian when property is at risk, the ward’s best interests require it, or an individual’s physical or mental well-being is in jeopardy. A Manalapan Township attorney with significant guardianship litigation experience will know which laws are most relevant to your circumstances.

The Process of Becoming a Guardian

A court grants guardianship only when it is necessary. The court must determine that the ward’s disability prevents them from managing their personal or financial affairs and that no other alternatives exist. Guardianship is considered a last-resort solution. To begin these proceedings, you must:

  • File a complaint in the appropriate court
  • Provide supporting documents: Affidavits typically accompany the complaint from at least two professionals (usually physicians or psychologists) who have evaluated the individual and can attest to their incapacity
  • Provide notice: The court requires serving proper notice of the guardianship proceedings to the alleged incapacitated person and their next of kin to ensure transparency and an opportunity to contest the matter if necessary

Parties may dispute whether guardianship is necessary, who should be appointed, or the scope of authority. These cases require more extensive litigation and may involve examining medical evidence, court-appointed independent evaluators, and testimony from relatives, social workers, or experts.

Our team at Nesevich Law provides all types of guardianship litigation in the Township of Manalapan, ranging from the inappropriate handling of a ward’s assets to the appointment of guardians.

Call Us to Assist With Litigation of Guardianship in Manalapan Township

Navigating guardianship litigation in Manalapan Township can be emotional and complex, regardless of whether the ward is an older adult or a young individual with developmental disabilities. Making decisions for another person, especially a loved one, is a gigantic responsibility. When the process becomes adversarial, it is wise to speak with the experienced legal team at Nesevitch Law. Call us today to schedule a free consultation.