Ask a Family Law Lawyer in Bergen County: How to Choose the Right Guardian?
In New Jersey, a guardian is a person or agency appointed by
the court to act on behalf of an individual. Establishing a guardianship is a
legal process. Guardianships are sought to care for minor children upon the
early death of their parents, and for people over 18 with developmental,
mental, or physical disabilities. Some guardianships may even be created toward
the end of a person’s life, particularly if that person suffers from cognitive
difficulties, such as Alzheimer’s, and it was part of the older person’s elder
care plan prior to the period of incapacitation.
Whether the prompt to
designate a guardian begins when a child is born, an individual is diagnosed
with a chronic illness, the parent is diagnosed with a chronic illness, or as
part of the establishment of an estate plan,
the process for obtaining a guardianship in New Jersey is the same.
Choosing a Guardian
When considering appointing a guardian for your minor
children or an incapacitated adult, the first step is to find a person willing
to act in such a capacity. Again, the role of a guardian is to act on behalf of
the minor or incapacitated adult in all things. Many people are not willing to
raise someone else’s child or care for an elderly or incapacitated individual.
Assuming such a responsibility is not a light decision. The commitment to care
for your minor or adult child with special needs can be temporary, until the
minor child reaches the age of majority, or permanently, if the child suffers from
a chronic condition like autism or multiple sclerosis.
Choosing a guardian
involves objective and subjective considerations. Factors such as reliability,
stability, sound judgment and values similar to the parents is a good place to
start. In addition to becoming the legal representative for the minor child or
incapacitated adult, the guardian also serves as an emotional anchor and the
minor child’s surrogate parent. Advice and counsel, joys and heartbreaks, rites
of passage like admission to college, the birth of your grandchildren, will be
among life events the guardian will nurture and support.
Appointing a Family Member
Parents choosing a guardian for their children, often look
to family first. Grandparents, siblings, aunts, uncles, and cousins from both
sides of the family should be considered. If your children or incapacitated
adult child have a relationship with the relative that is positive and mutually
important is another consideration. Lastly, think about how many children you
have – can one person take them all?
A guardian can be appointed for a minor child or an adult
child with developmental, mental, or mental conditions. The main duty of a
guardian is to represent the minor or adult child in all things – providing
guidance in financial, medical, and emotional matters.
Do Guardians Get Paid?
A guardian who assumes the role of raising minor children or
assisting incapacitated adult children does not necessarily receive a monthly
stipend for being the guardian. Guardians may receive financial support for the
minor children from Social Security, as beneficiaries of a trust, or in
financial provisions left by the child’s parents in a will. If a guardian
receives money directly for being the guardian separate and apart from the
financial support provided for the needs of the child, it often comes as a gift
from the parents in a will or a provision in trust or guardianship documents
that specifically provide for such a payment. This is separate and apart from
the child’s expenses, which if included in the trust documents, states the
rules for reimbursement of the child’s costs, like medical bills and
educational expenses.
Guardianships are often accompanied by trusts. A trust is a
fiduciary relationship between two parties in which one party, the guardian in
this scenario, holds legal title to property or assets for the benefit of a
third party, the minor child or incapacitated adult.
For example, in a will, a parent will designate that in the
event of his or her death, the proceeds of a life insurance policy are to be
paid to the child. If the child is an adult, the cash gift happens as part of
the settlement of the estate. If the child is a minor or an incapacitated
adult, the parent designates that the money be placed in a trust and managed by
a trustee until the child reaches a certain age. If the other parent is alive,
no guardianship may be necessary and there will only be a trustee of the trust.
Raising children is expensive. When establishing a trust,
some parents often choose a trustee for their child who is a separate person
from the guardian they choose for their child. There are reasons why this type
of structure may work. A third-party brings an extra level of protection for
the administration of trust, ensuring no one runs away with the child’s money,
or that the proper expenditures are being made that are appropriate for the
child’s development and education.
Speak to a Family Law Lawyer
in Bergen County Today
Whether you choose to appoint one or two legal guardians for
your minor children or incapacitated adult children, it is important to receive
legal advice on how to set up a guardianship in the event of your untimely
death.
Need Help Establishing a Guardianship for Your Minor Children
or an Incapacitated Adult?
Finding an appropriate guardian for your children in
undeniably important. If an immediate family member is not available to assist
your children in the event of your death, consider close friends. Our Family
Law Lawyers in Bergen County, NJ help families with child support, child
custody, guardianship, spousal support, divorce, Medicaid planning, special
needs, probate, and veterans’ affairs matters, among others. To request a
consultation with a Family Law Lawyer in Bergen County, click here or call (201) 690-1642 today.
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