Often, when a guardianship proceeding is filed in New Jersey, the Superior Court Probate Judge will appoint an attorney and/or temporary guardian for the alleged incapacitated person. Not only is it important to understand why the Judge appointed an attorney or fiduciary, but it is also equally important to understand how to cooperate with the attorney or temporary guardian so that your guardianship matter is handled in the most cost-effective way possible.
The authority of the Superior Court to appoint an attorney for an alleged incapacitated person is authorized by New Jersey Rules of Court, Rule 4:86. Within the Rule, court-appointed attorneys are ordered to personally interview the alleged incapacitated person and their family, review the alleged incapacitated person’s medical records, and conduct an investigation into their circumstances and assets, among other things. Ultimately, approximately ten (10) days prior to the guardianship hearing, the court-appointed attorney will submit a report of findings to the Superior Court Probate Judge and, if applicable, an affidavit of services.
Similarly, the Superior Court may appoint a temporary guardian for an alleged incapacitated person as authorized by N.J.S.A. 3B:12-24.1. Under that Statute, a temporary guardian may be appointed pendente lite (pending litigation) to manage the alleged incapacitated person’s financial, medical and legal affairs at the request of the petitioner or by the Superior Court. The appointment of temporary guardian usually only lasts for forty-five (45) days but may be extended further by the Court. Approximately ten (10) days prior to the guardianship hearing, court-appointed temporary guardians will often file a report to the Court summarizing their tenure as temporary guardian. Although a temporary guardian report is not required by the Statute, it is typically requested by the Superior Court Probate Judge. The Statute further provides that court-appointed temporary guardians are entitled to reasonable fees for their services.
Fees of court-appointed attorneys and temporary guardians vary on a case-by-case basis. For example, a guardianship matter where an alleged incapacitated person has no family, assets or underlying legal claims will most likely not involve substantial attorney fees or temporary guardian fees. On the other hand, a guardianship matter where there are family members who are not cooperating with the attorney or temporary guardian, or the alleged incapacitated person has underlying legal claims, or Medicaid planning must be performed, or where there are allegations of elder abuse, may involve significant attorney and temporary guardian fees. If the alleged incapacitated person does not have any assets or income, then the person or entity filing the guardianship case may be ordered by the court to pay the fees personally.
Zack Whelan is frequently designated as a court-appointed attorney and temporary guardian in New Jersey. He thoroughly understands how the guardianship process works and what documents and information he needs to carry out his duties in a cost-effective manner. With his knowledge and experience, he can advise you throughout the matter, from filing the guardianship petition to testifying at the guardianship hearing, at a reasonable cost.
Call today for your free initial consultation.
