McNeely McGuigan & Esmi LLC

Where family matters
856-439-0057
  • Home
  • Our Attorneys
  • Practice Areas
    • Family Law
    • Probate & Estate Administration
    • Guardianships
    • Estate Planning
    • Elder Law
    • Immigration Law
    • Mediation
  • Blawg
  • Contact Us

March 15, 2012 by Rebecca Esmi

Timing is everything: special considerations in Guardianship proceedings

Special considerations arise for children with disabilities. Parents or parental surrogates have legal authority over their minor children and so can make decisions on their behalf. But they can no longer make decisions for offspring who have reached 18 absent a Guardian appointment. It is essential that parents be decision-makers for their disabled children for medical, educational, legal, and any and all other matters.

A good rule of thumb is that parents of a child with a disability should consider initiating a Guardianship proceeding mid-way through the child’s 17th year. This will generally allow time for the proceedings to be completed.

Once initiated, a Guardianship allows appointment of a temporary guardian during the pendency of the proceeding typically not to exceed 45 days. This is an important step in minimizing gaps in decision-making. N.J.S.A. 3B:12-24.1(c) et seq.

Filed Under: Disabilities and Elder Law, Estate Planning and Estate Administration, Family Law Tagged With: disabilities, disabled, elder, guardian, guardianship, legal, Ward

Our Attorneys

Lori M. McNeely
Colleen A. McGuigan
Rebecca G. Esmi

Office

8 East Main Street
Moorestown, New Jersey 08057
map
P: (856) 439-0057
F: (856) 439-0041


Free Consultation
for Military Personnel

We accept Visa, MasterCard and Discover.

© McNeely McGuigan & Esmi, LLC.
All Rights Reserved.

Disclaimer

Website by Blue Kite Web Solutions LLC.

Copyright © 2023 McNeely McGuigan Esmi LLC.  All Rights Reserved.  Website by Blue Kite Web Solutions LLC..

Copyright © 2023 · Executive Pro Theme on Genesis Framework · WordPress · Log in