The decision to request legal guardianship in New Jersey is never taken lightly. It is complicated and can be costly as you are required to pay for assessments rendered by a competent, court-recognized psychologist and physician, amongst other expenses. The process is also governed by comprehensive statutes, case law, and court rules specifically written to protect minor children, long-term disabled adults, and the elderly. SCC Legal has extensive experience dealing with a range of minor children and adult guardianship issues on behalf of caregivers and families.
We discuss legal guardianship, the accompanying responsibilities, how to become a legal guardian and share why it’s vital to include various power of attorneys (POAs) in your estate planning.
Understanding Legal Guardianship
Legal guardianship means a person or agency is legally authorized to act on behalf of an incapacitated adult or minor to ensure their health, safety, and welfare needs are met and their rights protected. A person cannot be declared incapacitated because they make irresponsible decisions. There must be proof that their actions are causing financial loss, and could lead to life-threatening injuries or death.
The process of obtaining legal guardianship is complex and a lawyer from SCC Legal can guide you through the process.
What Are the Responsibilities of a Guardian
The state of New Jersey allows for General Guardianship and Limited Guardianship. Both come with distinct guardianship responsibilities guided by the capacity of the person for whom you are appointed as a guardian and generally relate to the person’s medical, legal, financial, residential, educational and vocational matters. A guardian must maintain sufficient contact with the protected person to understand their limitations and capabilities. Under general guardianship, you make all the decisions on a person’s behalf, while limited guardianship requires consultation with the individual as far as their abilities allow them to make informed choices.
How to Become a Legal Guardian in New Jersey
Are you wondering how to become a legal guardian for an older adult? The New Jersey Bureau of Guardianship Services manages all legal guardianship issues in the state. Applying for guardianship requires a court proceeding, and you first need to obtain reports from two doctors, a medical doctor and a psychologist, who examined the person you feel is incapacitated. Several further steps are required, with legal timelines, before you appear in court. The laws are comprehensive, and although you can apply directly, it’s best to appoint an attorney to guide you through the guardianship process.
Guardianship vs. Power of Attorney in NJ
When you look at guardianship vs power of attorney, it is always better to ensure you and your loved ones have a durable financial power of attorney (POA) and a durable medical POA included in your estate planning documentation, which SCC Legal can help with. It should be done while you are clearly capable of making sound decisions for yourself. If these documents are unavailable, and it is determined that the individual lost their decision-making capacity, a family member must go through the extensive guardianship application process.
For more information on elder and estate planning law, or if you want assistance with legal guardianship in New Jersey, please contact our team at SCC Legal today or visit us at: https://www.scclegal.com/