Guardianship Costs and Proceedings

Guardianship Costs & Proceedings

Loss of rights. Guardianship is a major court proceeding that strips a person of all of their constitutional rights such as the right to vote, drive a car, move, enter into contracts or get married. The court procedures are strict.
Doctors. The first step in a guardianship is to have two doctors examine the alleged incompetent. They will be required to file affidavits that the person is not competent and at least one of the doctors is generally required to come to court and testify in the case.
Filing. The second step is to file a petition with the court. Complete notice must be given to all family members and all of the incompetent's assets must be fully disclosed. Close family members have preference to serve as guardian, if they are willing and able.
Independent attorney. Because guardianship is such a major loss of rights and liberty the courts are required to appoint an independent attorney to protect the incompetent.
Hearing. The court is required to conduct a hearing after the reports of the independent attorney and doctors are considered. The court enters a judgment setting out the terms of the incompetency and the guardian's rights and duties.
Cost. A guardianship proceeding is often a contested trial if the incompetent or independent attorney objects. In addition to filing fees, you should anticipate that either you or the incompetent must pay for two attorneys, two doctors and a possible trial. Most guardianship proceedings cost at least $4995. We do require a minimum retainer of $3500.

Compliments of
Law Offices of Joseph M. Hoffmann
Attorney at Law
21 Main Street
Newton, New Jersey 07860
973-383-7415

Home

About Us

Services

Publications

Contact

|

|

|

|

|

|

FAQs

Directions

|

Estate Planning