Do you want to clarify the differences between guardianship, conservatorship and power of attorney? There are key differences after all, and you need the assistance of a knowledgeable and compassionate lawyer to make the right choice. Do you need to establish legal guardianship in NJ for minor children, someone elderly, or a person that is long-term disabled? At SCC Legal, we have dealt with all kinds of guardianship and conservatorship issues on behalf of families and caregivers. In this article, we discuss conservatorship, guardianship, and durable power of attorney and highlight their distinct features and differences.
What is Conservatorship?
What is conservatorship in New Jersey? The courts appoint a person to act as a conservator for an adult who does not require the protection of legal guardianship, but does need assistance to manage their affairs. It is a voluntary process where the protected person (conservatee) agrees to the conservatorship, or the courts will reject the application. A conservator’s authority is limited and includes filing income tax returns, paying debts, and entering into contracts on the protected person’s behalf.
What is Guardianship?
Guardianship is also known as legal guardianship and gives a person or agency legal authorization to act on behalf of a minor or incapacitated adult to protect their rights and ensure their health, safety, and welfare needs are met. New Jersey allows two types of guardianship: general and limited. General guardianship protects people found to be incapable of expressing or making decisions, while limited guardianship covers decision-making around financial, legal, medical, vocational, educational, and residential matters. SCC Legal has the expertise required when you want to obtain legal guardianship of an elderly or disabled person.
What is a Durable Power of Attorney?
Power of Attorney’s (POAs) are not durable by default in New Jersey. The law requires a specifically worded statement produced by an experienced NJ estate planning attorney. What is a durable power of attorney? It is POAs that retain their effectiveness even after the person becomes ill or incapacitated. Estate plans generally include a financial POA and a medical POA. A financial POA protects your interests and assets when you cannot manage your financial affairs, while a medical POA allows someone to make medical decisions on your behalf.
What are the Differences Between a Power of Attorney and a Guardianship/Conservatorship?
One of the main differences between a power of attorney and guardianship is that the POA is generally part of a person’s estate planning process while they are deemed sound of mind. You are proactively choosing who will be managing your affairs if you become incapacitated and clearly state your preferences. Guardianship and conservatorship applications, on the other hand, are made by someone else when they feel you cannot make sound decisions due to mental or physical incapacity. Do you want to minimize the potential for conflict between your loved ones? Work with the SCC Legal team to create a comprehensive estate plan.
For more information on estate planning, elder and guardianship law in NJ, please contact our team at SCC Legal today or visit us at: https://www.scclegal.com/