Call Now for an Appointment (973) 383-7415
oseph M. Hoffmann, Esq.
Attorney at Law
Wills, Trusts, Estates & Planning
21 Main Street, Newton, NJ 07860
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.
Law Offices of Joseph
Attorney at Law
21 Main Street
Newton, New Jersey 07860
© 2012 Joseph M. Hoffmann, Esq. All Rights Reserved
Joseph M. Hoffmann, Esq. is a Lawyer who represents clients in New Jersey and serves:
All of Northern NJ including: Sussex County | Warren County | Morris County | Passaic County | Somerset County | Union County | Newton | Andover | Sparta | Branchville
Morristown | Vernon | Sussex | West Milford | Hopatcong | Rockaway | Dover | Mt. Olive | Hackettstown | Randolph |