Monmouth County guardianship attorney Christine Matus (https://matuslaw.com/new-jersey-estate-planning-difference-conservatorship-guardianship/) releases a new article explaining the difference between guardianship and conservatorship. The lawyer mentions that according to an article published by the United States Census Bureau, in less than two decades, older adults are projected to outnumber kids for the first time in U.S. history.
“As our loved ones age, they can develop physical or mental disabilities that may require other parties’ intervention to ensure that their personal affairs are handled responsibly so they can live out their lives comfortably. But there are legal limitations to what others can do for these individuals,” says the Monmouth County guardianship attorney.
The lawyer explains that guardianships and conservatorships offer other people the legal capability for someone to take over specific responsibilities for others. These options are aimed at the elderly or individuals over the age of 18 with physical or mental disabilities. The primary difference between the two is that a guardian is able to make decisions on behalf of the person while a conservator will make decisions and manage the person’s finances and estate.
Attorney Christine Matus adds that usually, the guardian and the conservator are the same people. For guardianship, the court will appoint a guardian for the person who has become incapacitated and can no longer make their own decisions. Most cases of this happen when a loved one has dementia or Alzheimer’s.
In the article, attorney Matus mentions that a guardian will be responsible for acting solely and selflessly in the best interest of the person needing care. A guardian will be responsible for the decisions concerning where the person they care for will live, their medical care and treatment, and other daily matters of that person.
According to the guardianship attorney, “A conservator acts as a guardian of the estate instead of the person and will manage their financial affairs, assets, and income. A conservatorship is typically set up for an aging family member, but a conservator may also be a friend, a lawyer, an organization, or an agency. A conservatorship does not require that the individual be incapacitated and it can be completely voluntary.”
The lawyer says that although most guardianship petitions go through the legal system quickly, there are instances when the appointment of a guardian may be challenged. Sometimes, an individual might object to guardianship and claim that they are able to manage their affairs without the help of a guardian. In other cases, another family member may file a petition to become a guardian and claim that the other individual seeking to be appointed as the guardian is not the best person for the role.
Lastly, the lawyer emphasizes the importance of having a skilled guardianship attorney when dealing with matters of how to take care of an elderly family member. An experienced lawyer may be able to help the client understand their rights and help them provide the best possible care for their loved ones.
About the Matus Law Group
The Matus Law Group has a team of guardianship attorneys who are committed to helping families and individuals in providing the best care for their elderly loved ones in New Jersey and New York. Through a team approach, they work hard to help their clients with their guardianship and conservatorship needs. Call The Matus Law Group today at (732) 785-4453.
About The Matus Law Group
Christine Matus was admitted to the Bar of the State of New Jersey and to the U.S. District Court of New Jersey in 1995. She graduated from Douglass College, Rutgers University with a Bachelor of Arts in Economics in 1992.
Contact The Matus Law Group
125 Half Mile Rd #201A