Guardianship & Conservatorship – Legal Protection for New Jersey Families

East Brunswick
Somerville

Understanding Guardianship & Conservatorship in NJ

When an adult can no longer make safe decisions due to incapacity, New Jersey law allows a trusted individual (the “guardian”) to step in and manage essential life, health, and financial matters. Guardianship or conservatorship is often needed for aging parents with dementia, adults with disabilities, or when no valid power of attorney exists. The Law Offices of Gary Cornick helps families across Somerset and Middlesex Counties navigate this process with respect and clarity, always honoring the dignity of those involved.

When Is Guardianship Needed?

  • When a loved one loses capacity and there is no valid durable power of attorney or healthcare directive.
  • If an adult with special needs turns 18 and needs continued legal protection.
  • When there is financial abuse, neglect, or undue influence and immediate action is required.



Deciding to seek guardianship can feel overwhelming, but the right legal support makes a complex process manageable and compassionate.

Types of Guardianship in New Jersey

  • General Guardianship: Covers all major personal and financial decisions.
  • Limited Guardianship: Used when a person can make some, but not all, decisions independently.
  • Conservatorship: For those who voluntarily cede management of their finances, typically due to declining capacity.
  • Emergency/Temporary Guardianship: Available when urgent decisions are needed.



The court process is thorough—requiring medical documentation, notification of interested parties, and sometimes an independent court-appointed attorney to protect the person’s rights.

The Guardianship Process – What to Expect

  1. Assessment & Consultation: We evaluate whether guardianship is appropriate, discuss alternatives, and explain your options.
  2. Preparing the Petition: Our office gathers medical and legal evidence, drafts court forms, and files your petition with the NJ Surrogate’s Court.
  3. Court Hearing: The court reviews the evidence and, if approved, appoints the guardian—often after a brief hearing.
  4. Post-Appointment Guidance: We help with ongoing reporting and compliance, so you’re never left guessing about your responsibilities.



We’ll also discuss alternatives like powers of attorney, supported decision-making, or trust arrangements whenever appropriate.

Avoiding Guardianship – The Power of Planning

Guardianship can often be avoided with proper planning—especially through well-drafted powers of attorney and healthcare directives. These tools allow you to designate trusted decision-makers before a crisis. If you’re unsure whether guardianship is required or how to plan ahead, we can help you create or update your estate plan to reflect your wishes.

Special Considerations for Families

Every family’s situation is different. We help with:

  • Contested guardianship (when relatives disagree on what’s best)
  • Emergency filings for urgent needs
  • Transition planning for young adults with special needs
  • Advice on Medicaid planning or asset protection for incapacitated loved ones

Questions We Hear Most Often

  • What is the difference between guardianship and conservatorship in NJ?

    Guardianship typically involves both personal and financial decisions for an incapacitated person. Conservatorship is usually voluntary and limited to financial affairs.

  • How long does the guardianship process take in New Jersey?

    Most uncontested cases can be completed in 2–3 months. Emergency guardianship can be granted in days if urgent.

  • Can a power of attorney avoid the need for guardianship?

    Yes—if a valid power of attorney and healthcare directive are in place before incapacity, guardianship may not be necessary.

  • Who oversees guardians in NJ?

    The New Jersey Surrogate’s Court supervises guardians and requires regular reporting to protect the incapacitated person’s interests.

  • What if family members disagree about guardianship?

    The court may appoint an independent attorney or hold a hearing to resolve disputes and determine what’s in the best interest of the incapacitated individual.

Start the Process Today

If you need guidance on guardianship, conservatorship, or alternatives, The Law Offices of Gary Cornick is here to help. Schedule a consultation to discuss your situation and find the best way to protect your loved one’s well-being and dignity.