Guardianship FAQs

In New Jersey, guardianship is a legal arrangement in which a court appoints a responsible person or entity to make decisions on behalf of an individual who is unable to make decisions for themselves. Guardianship may be necessary in situations where an individual is incapacitated due to age, illness, or disability, and is unable to manage their own affairs.

In New Jersey, a guardian can be any adult who is deemed suitable by the court to act in the best interests of the individual in need of a guardian. The court will consider a variety of factors when determining who should be appointed as a guardian, including the individual’s relationship with the person in need of a guardian, their ability to provide care and support, and their willingness to serve as a guardian.

In New Jersey, a guardian may be appointed for individuals who are unable to make decisions for themselves due to incapacity, disability, or other special needs. Some examples of individuals who may need a guardian include minors, adults with disabilities, elderly individuals, and individuals with special needs.

The process for appointing a guardian in New Jersey typically involves filing a petition, notifying interested parties, conducting an evaluation, holding a hearing, appointing a guardian, and filing reports.

In New Jersey, a guardian is appointed to act on behalf of an individual who is unable to make decisions for themselves due to incapacity, disability, or other special needs. The role of a guardian is to act in the best interests of the individual in their care, making decisions about medical care, housing, finances, and other important matters.

In New Jersey, a limited guardianship is a type of guardianship that grants the guardian specific powers and responsibilities, rather than full authority over all aspects of the individual’s life. Limited guardianships are typically used when the individual in need of a guardian is able to make some decisions for themselves, but requires assistance with specific matters.

In New Jersey, a plenary guardianship is a type of guardianship that grants the guardian full authority over all aspects of the individual’s life. A plenary guardian is responsible for making decisions about medical care, housing, finances, and other important matters on behalf of the individual in their care.

Plenary guardianships are typically used when the individual in need of a guardian is unable to make any decisions for themselves due to incapacity, disability, or other special needs. The court may appoint a plenary guardian when there is no suitable family member or friend available to serve as a guardian, or when the individual requires a high level of care and support.

In New Jersey, a person with a disability may have some input into the selection of their guardian, but they do not have the final say in the matter. When a guardian is appointed for a person with a disability, the court will consider the wishes of the individual in question, as well as the recommendations of other interested parties, such as family members, medical professionals, and advocates.

The key difference between guardianship and power of attorney is that guardianship is court-supervised and involves the appointment of someone to make decisions on behalf of another person, while power of attorney is a private agreement that allows someone to appoint another person to make decisions on their behalf. Additionally, guardianship is typically used when the individual is unable to make decisions for themselves, while power of attorney is typically used when the individual is temporarily unable to make decisions due to illness, injury, or other circumstances.

Yes, a guardianship can be terminated in New Jersey if the court determines that it is no longer necessary or appropriate. There are several circumstances under which a guardianship may be terminated such as, the individual no longer requires a guardian, the guardian is no longer able to fulfill their duties and responsibilities, the court may terminate the guardianship and appoint a new guardian, the guardian is acting against the best interests of the individual, the individual moves out of state the court may terminate the guardianship and transfer the case to another jurisdiction.

The key difference between guardianship and adoption in New Jersey is that guardianship does not terminate the legal relationship between the child or adult and their biological parents, while adoption creates a new legal relationship between the child and the adoptive parents. Guardianship is typically used when the biological parents are still involved in the child’s life but unable to provide the necessary care and support, while adoption is typically used when the biological parents are not involved or have terminated their parental rights.

Yes, a guardianship can be challenged in New Jersey if there is reason to believe that the guardianship is not in the best interests of the individual in need of a guardian. A challenge to a guardianship may be initiated by the individual in need of a guardian, their family members, or other interested parties.

In New Jersey, a standby guardian is someone who is designated to assume the role of guardian for a minor child or an adult with special needs in the event that the current guardian is unable or unwilling to continue serving in that role.