© 2019 Bergwall Law Firm, P.C.

165 Passaic Avenue, Suite 304

Fairfield, New Jersey 07004

Tel: 973-276-6100 / Fax: 973-276-6169

Guardianships, Powers of Attorney, and Representation of Individuals and Families in Need of an Experienced Attorney.

Guardianships, Powers of Attorney, and the Representation of Individuals and Families in Need.

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The firm is there for families in need and whose child may suffer from an intellectual disability or a developmental disorder.  The firm will guide you through the Court process in seeking a legal remedy for the child suffering from difficulties involving social interaction and communication, or by restricted and repetitive behavior. Guardianships are a complicated legal proceeding. Most people have no clue exactly how complicated and expensive they are. However, there are estate planning tools that avoid you having to create a guardianship. Unfortunately, if those tools have not been used before the need arises there may not be another option. If those tools were not used, the choice of who will serve as a guardian will be left up to the court and not to the person you otherwise would choose. There are many other negative consequences. 

 

There are different types of guardianships, specifically, guardianship of the person; guardianship of the estate (property); or guardianship of both the person and the estate (property). The type of guardianship that is appropriate in a particular case depends on the needs of the incapacitated person. If an incapacitated person has no assets or income other than Social Security benefits or funds held in trust, then guardianship of the estate is not necessary. However, if an incapacitated person has assets such as a house or car, or receives income, such as wages or a pension, then guardianship of the estate may be necessary. It is important to determine whether it is actually necessary to seek guardianship of the estate of a developmentally disabled person. This is in part because the Court will appoint an attorney to represent the alleged incapacitated person and, if guardianship of the person only is requested, then the court can appoint the Office of the Public Defender - Division of Mental Health and Guardianship Advocacy, free of charge. If an application seeks guardianship of the estate, then the Court will appoint a private attorney who is entitled to charge a fee for services.