Contest Guardianship Petition in New Jersey

Why Contest a Guardianship Petition?

• Preserve Dignity & Independence. New Jersey law presumes every adult has decision-making capacity. Guardianship should be a last resort—challenging unwarranted petitions can keep your loved one in control of their own affairs.
• Guard Against Overreach. An overly broad guardianship can strip basic rights, from choosing medical treatment to managing bank accounts. Contesting ensures any intervention is carefully tailored to genuine needs.
• Protect Against Potential Abuse. When the proposed guardian has conflicts of interest or lacks relevant expertise, unchecked power can lead to financial mismanagement or diminished quality of life. Prompt objection helps shield your family member from exploitation.

Our Strategic Approach

We combine in-depth knowledge of New Jersey’s guardianship statutes with collaborative relationships among medical, psychological, and financial experts. That means:

• Rigorous Evidence Gathering. Independent capacity evaluations, comprehensive medical histories, and bank and tax records—all compiled to show real-world functioning.
• Targeted Objections. We pinpoint procedural defects (improper notice, incomplete service) and factual gaps (outdated assessments, missing documentation) to undermine the petition’s foundation.
• Expert Testimony. We prepare psychiatrists, neuropsychologists, social workers, and forensic accountants to testify clearly and credibly about your loved one’s abilities and vulnerabilities.
• Alternative Solutions. Where guardianship isn’t necessary, we propose durable powers of attorney, healthcare proxies, and supported decision-making agreements to meet family needs with the least restrictive tools.

Step-by-Step Process

1. File a Notice of Objection. We draft and file a timely objection outlining your grounds to contest, attaching critical exhibits.
2. Discovery & Expert Reports. Through interrogatories, document requests, and depositions, we secure additional evidence and prepare expert declarations.
3. Pre-Hearing Strategy. We collaborate with neutral court evaluators or guardians ad litem, sharing concise, persuasive evidence packets that highlight capacity and appropriate alternatives.
4. Hearing & Advocacy. In court, we present direct testimony, cross-examine opposing experts, and propose tailored, less-restrictive interventions—ensuring the judge sees the full picture.
5. Post-Decision Options. If a limited guardianship is entered, we remain ready to petition for modification or termination should your loved one’s capacity improve.

Alternatives to Guardianship

Guardianship isn’t always the only or best solution. We help families evaluate:

• Durable Powers of Attorney & Healthcare Proxies: Empower trusted agents without court oversight.
• Supported Decision-Making Agreements: Formalize assistance while preserving individual decision authority.
• Limited Conservatorships: Address specific financial concerns without infringing on personal liberties.

Why Choose Joshua G. Curtis Law?

• Dual-Perspective Expertise. Having both contested and defended petitions, we anticipate every tactic and counter-argument.
• Proven Track Record. Successfully contested guardianship matters across New Jersey, with outcomes that safeguard client interests.
• Collaborative Network. Partnerships with top medical, psychological, and financial experts ensure your case is backed by credible, comprehensive evidence.
• Client-Focused Advocacy. We tailor strategies to your family’s goals, communicate transparently at every stage, and guide you compassionately through the process.

Get Started Today

Time is critical—New Jersey courts require prompt objections to protect your loved one’s rights. Contact Joshua G. Curtis Law now for a confidential consultation. We’ll explain your legal options, assess your circumstances, and craft a personalized plan to contest the petition effectively.

Call: 551-500-5680 | Email: joshuagcurtis@gmail.com