New Jersey Power of Attorney

What is the Difference Between Elder Fraud and Elder Financial Abuse ? The financial victimization of people, especially the older population, is a tale as old as time. When the elderly become the target of financial exploitation schemes, two practices emerge as the leading ways the elderly get caught up in such schemes - elder fraud and elder financial abuse. At the crux of the two is the identity of the perpetrator. Elder financial abuse is often committed by people in positions of trust. Elder fraud is committed by predatory strangers. Majority of Fraud and Financial Exploitation Victims Performed Poorly on Cognitive Functioning and Financial Decision Making According to the National AdultProtective Services Association (NAPSA), most fraud victims do not have trusted family or friends assisting them with their financial decisions when they become the targets of the elder financial abuse or elder fraud perpetrators. NAPSA investigated this issue head-on in a study on...

New Spin on Physical Custody: Birdnesting Custody Agreements Almost always, when a child custody or parenting plan is developed, the arrangements are made to suit one of the parents. Even in situations in which parents share legal custody of the child equally, one parent has primary physical custody of the child while the other parent has visitation rights or parenting time with the child. Alternative arrangements, like birdnesting custody agreements, are emerging that place the child at the center of the physical custody plan. The parents come and go instead of the children. New Jersey Child Custody Laws New Jersey favors child custody plans that award the parents joint legal custody of the child. Legal custody involves decision making with respect to the child’s health, welfare, and education. One parent is the custodial parent, meaning the child primarily lives with one parent; while the other parent is the non-custodial parent, meaning the other parent has visitin...

New Jersey Guardianship Attorneys Whether you are caring for a disabled adult or an elderly family member is starting to show signs of decline, you may need to address guardianship issues in New Jersey. The process of obtaining legal guardianship is complex, but there are other circumstances that make your situation challenging. You may be facing difficult emotions regarding your loved one, and other family members may present hurdles during the proceedings. At Giro Attorneys at Law, LLC, our lawyers are here to help you with all aspects of guardianship cases. We have been assisting clients in Bergen County, NJ and throughout the surrounding area for decades, so we have cultivated extensive experience in guardianship matters. Our attorneys will explain your legal options available regarding your loved one so that you can make informed, compassionate decisions. Assisting Clients Throughout the Guardianship Process When an individual becomes incapacitated and can...

Pension plans and retirement benefits can be some of the most difficult matters to sort through during a divorce. To ensure each spouse in the divorce receives his or her full benefits under New Jersey law, there are several steps that need to be taken by a family law attorney depending on whether the retirement plan is a “qualified” or “non-qualified” pension plan. These next two blog posts will feature the differences and similarities between qualified and non-qualified pension plans, and how they may affect a divorce proceeding. Qualified Pension Plans The IRS designates certain pension and retirement plans as “qualified” and “non-qualified.” Qualified pensions and retirement funds are much more popular in America and include popular retirement and pension plans including 401(k)s and 403(b)s. A retirement or pension fund is “qualified” if it meets the federal standards promulgated by the Employee Retirement Income Security (ERISA). Here is a list of the most popular quali...