New Jersey Guardianship Attorney Christine Matus Clarifies Key Differences Between Guardianships and Conservatorships for Families

Toms River, NJ - Christine Matus, New Jersey guardianship attorney and founder of The Matus Law Group (https://matuslaw.com/new-jersey-estate-planning-difference-conservatorship-guardianship/), is sharing clear guidance to help families understand when a guardianship or a conservatorship is the appropriate legal tool for protecting a loved one. Drawing on decades of service to New Jersey families, Matus outlines how each process works, who may serve, and the practical responsibilities that follow an appointment, so that concerned relatives and caregivers can take timely, informed action.

Under New Jersey law, a guardianship is a court-supervised process used when an adult is found mentally incapacitated and unable to manage personal affairs. To initiate the matter, an interested party files an application supported by two professional affidavits or certifications, typically from two physicians or from one physician and one licensed practicing psychologist based on recent examinations. The court evaluates incapacity and the proposed guardian's qualifications, then defines the scope of authority in a judgment of guardianship. A guardian of the person makes decisions about residence, medical treatment, and daily care, always giving due regard to the individual's known preferences. As a New Jersey guardianship attorney, Matus emphasizes that guardians must act in the ward's best interests and may need specific court approval for extraordinary medical treatments.

By contrast, a conservatorship addresses financial management for an adult who has not been adjudicated incapacitated. A guardian of the estate, known as a conservator, collects income, preserves and manages assets, pays lawful debts and taxes, and may participate in estate planning within the limits of the court's order. Practical consent is required because if the proposed conservatee objects, the court will not appoint a conservator. Families should also note that certain benefits can be handled without a conservatorship. Social Security often uses a Representative Payee, and New Jersey Medicaid permits an Authorized Representative to file applications. A New Jersey guardianship attorney can help families evaluate whether targeted benefit tools or a limited guardianship can meet the individual's needs without broader restrictions.

Both roles can be tailored. Courts may appoint a limited guardian when only certain rights require protection, or a plenary guardianship when one person serves as both guardian of the person and conservator. Temporary appointments may occur during active litigation, known as pendente lite. For minors, a guardianship can be created by will, and it terminates when the child turns 18. Termination rules also differ. A guardianship ends if capacity is restored, the person dies, or the guardian resigns or is removed, with final accountings required. A conservatorship ends upon court-approved final accounting after the conservatee requests termination, or automatically if the conservatee dies or is later adjudicated incapacitated. Contested petitions can arise when capacity is disputed or when multiple family members seek appointment. In such cases, negotiation and mediation may resolve disagreements more efficiently than protracted litigation.

About The Matus Law Group:

The Matus Law Group is a New Jersey law firm serving families in guardianship, conservatorship, estate planning, special needs planning, and elder law. Led by Christine Matus, the firm provides diligent counsel across Ocean County and throughout New Jersey, guiding clients through court processes and long-term planning. The team handles initial petitions, contested matters, accountings, and modifications with a focus on practical, dependable solutions. For more information or to schedule a consultation, call (732) 785-4453 or visit the firm's website.

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Phone: (732) 785-4453
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