Guardianship Case Study

Richard and Dorothy live in Westfield, New Jersey with their three children. Dorothy’s mother and disabled brother came to live with them shortly after Dorothy’s father passed away. Dorothy’s parents had obtained guardianship of Dorothy’s brother shortly after he turned 18. He was now in his mid-40s and Dorothy and Richard sought to have the Guardianship papers amended to reflect not only Dorothy’s mom as Guardian, but also Dorothy and Richard as co-guardians. Phelan, Frantz, Ohlig & Wegbreit was able to submit an application to the Surrogate’s Court to have Dorothy’s father removed as guardian of his son and Dorothy and Richard named as co-guardians with Dorothy’s mother. Phelan, Frantz, Ohlig & Wegbreit attorneys went to court with Dorothy, Richard and Dorothy’s mom to successfully argue that all 3 should be named co-guardian as each served a separate and distinct role in Dorothy’s brother’s life.