New Jersey guardianship attorney Christine Matus (https://matuslaw.com/new-jersey-estate-planning-difference-conservatorship-guardianship/) of The Matus Law Group has published a comprehensive article explaining the differences between conservatorships and guardianships. The article aims to shed light on these two critical legal mechanisms, which are often necessary for managing the personal and financial affairs of individuals who cannot do so themselves.
New Jersey guardianship attorney Christine Matus addresses the growing need for informed decisions regarding the care of aging parents, grandparents, and individuals with disabilities. "As New Jersey residents age, they may develop mental and physical disabilities that make it difficult to handle their personal affairs," Matus explains. "Similarly, certain children who turn eighteen may have special physical and emotional needs that must be addressed to help them function and live their lives."
In her article, New Jersey guardianship attorney Christine Matus highlights the legal obstacles that concerned family members often face when trying to assist their loved ones. "Guardianships and conservatorships are two legal methods we use to help those in need receive the care and attention they deserve," she states. Matus goes on to detail the creation process for both guardianships and conservatorships, the qualifications required for guardians and conservators, and the specific duties each role entails.
Guardianship, as defined by Matus, is a court process for appointing a guardian to represent someone who is mentally incapacitated. "Guardianship appointments are not voluntary," she notes. "An interested person files a formal application asserting that an individual cannot manage his or her own affairs, and medical evidence is usually required to confirm incompetency." Matus also outlines the significant responsibilities of a guardian, which include making decisions about the individual's living arrangements, medical care, and day-to-day maintenance.
On the other hand, conservatorships are primarily concerned with managing the financial affairs of the individual. "A conservator, or guardian of the estate, is responsible for collecting and managing the individual's assets, ensuring their value is preserved," Matus explains. Unlike guardianships, conservatorships can be created voluntarily and do not necessarily require the conservatee to be mentally incapacitated.
For those unsure whether a guardianship or conservatorship is more appropriate, Matus offers guidance on making this critical decision. "The same person can be appointed both guardian and conservator, known as a plenary guardianship," she notes. Matus also discusses special considerations and potential conflicts that may arise when different people hold these roles.
Christine Matus emphasizes the importance of understanding the distinctions between a conservator and a trustee in effective estate planning. While both roles involve managing someone else's affairs, a conservator is appointed by a court due to incapacity, whereas a trustee is pre-selected to manage trust assets according to the grantor's wishes.
For families facing contested guardianship proceedings, Matus highlights the emotional complexity and potential for litigation. "Protracted litigation is not the best option for anyone," she advises. "Our lawyers at Matus Law Group can help find a fair and mutually agreeable solution."
Families and individuals seeking assistance with guardianship and conservatorship matters can benefit from the detailed explanations and advice provided in Christine Matus's article. The Matus Law Group has a long-standing history of helping New Jersey residents navigate these challenging legal processes.
About The Matus Law Group:
The Matus Law Group is a New Jersey-based law firm dedicated to providing comprehensive legal services in guardianship, conservatorship, estate planning, and special needs planning. Their experienced attorneys are committed to helping families make informed decisions about the care and management of their loved ones' personal and financial affairs. With a focus on compassionate and personalized service, The Matus Law Group strives to offer practical solutions for complex legal challenges.
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