When individuals start asking what the grounds for guardianship in New Jersey are, it’s usually because someone they love has shown themselves incapable of making safe, healthy decisions about their life. Guardianship is a legal process, not something to take lightly. Weisberg & Klauber, LLC can help you in this legal process.
About Weisberg & Klauber, LLC
Weisberg & Klauber, LLC provides clients all over New Jersey with legal representation from our Ocean Township and New Brunswick offices. Being based in the Jersey Shore, we’re dedicated to serving our neighbors.
Attorney Adam Jon Weisberg and attorney Richard H. Klauber actually started their law careers working for insurance companies and as prosecutors. Helping those individuals meant understanding how judges decide cases. Now we use that knowledge to help our clients from every angle in every area of New Jersey law that we practice, including guardianships.
Understanding New Jersey Guardianship Laws
In New Jersey, guardianship is fairly straightforward. The law defines an incapacitated individual as someone who cannot grasp or express sound choices concerning their well-being, encompassing health, financial matters, or both. The law then goes on to explain how a guardian should be appointed, including what medical evidence should be provided and how the Court reviews the evidence.
In practice, the court only considers creating a guardianship if all of the following can be proven:
- The individual cannot make or communicate responsible decisions
- The individual needs someone to help make decisions or stop others from making decisions
- Other alternatives are not less restrictive
According to Spectrum Institute, there are 36,000 cases of open guardianship in the state of New Jersey, with about 2,900 petitions being filed every year. The study also showed that about 694,000 adults have cognitive disabilities, but are living independently or without guardianship.
Grounds for Guardianship in New Jersey
The basis of determining guardianship is to see if the individual is able to make decisions for themselves, their well-being, and their finances on their own. If not, the court looks at several factors to determine whether guardianship is the next step.
- Intellectual or developmental disabilities. Some people are unable to care for themselves due to intellectual or developmental disabilities. In many cases, guardianship over these individuals becomes necessary when they turn 18 and age out of certain parental rights, despite still requiring assistance with everyday decisions.
- Mental illness. Severe mental illness, psychiatric conditions, or brain injuries can cause memory issues, reduced judgment, and even delusions or hallucinations. When these conditions interfere with an individual’s ability to care for themselves, a guardianship might be necessary.
- Aging. Conditions like dementia, Alzheimer’s, and strokes can often impair an individual’s ability to make sound choices as they age. Guardianship can see that he or she receives proper medical care and that finances are in order.
- Physical limitations with others. Having a physical disability or injury is not grounds for guardianship. However, if that disability is coupled with an inability to make cognitive decisions on your own behalf, it could support the need for a guardian.
Special Needs Guardianships
A common guardianship case involves special needs adults. Their parents’ decisions typically protect kids with disabilities until they turn 18. However, once they turn 18, their kids are adults, and parents must witness their choices, sometimes regrettable ones.
Not only does this create emotional trauma for parents, but it can also wreak havoc on the child’s future. Things like education, income, and even government benefits can be impacted. Special needs planning is important to help protect your child’s eligibility for government benefits like SSI and Medicaid.
Hire a Guardianship Lawyer
Some guardianship cases require you to hire a guardianship lawyer in New Jersey. Contested guardianships, high-net-worth guardianships, or complicated medical records may cause you to seek out legal help. When multiple people are battling over guardianship of the same loved one, or if there are a lot of assets at stake, it’s smart to hire a guardianship attorney.
At Weisberg & Klauber, LLC, we’ve helped families maintain a streamlined process for as complex guardianship cases as possible. There are many different parties involved in a guardianship case. Having an outline can help the process run more smoothly.
FAQs About Grounds For Guardianship In New Jersey
What Disqualifies You From Being a Guardian?
Disqualifications from being a guardian involve criteria that could put the individual in the guardianship in danger. This includes:
- Felony convictions related to abuse or dishonesty
- Conflicts of interest
- Indications of poor financial judgment
Courts also weigh whether an applicant will competently perform guardian responsibilities. If you have a criminal record or circumstances that prevent you from acting in your loved one’s interest, the court might not approve you as a guardian.
How Long Does It Take to Get Guardianship in NJ?
How long it takes to get guardianship in New Jersey depends on the individual case. Guardianship cases can take a few months, depending on whether there are any issues with your case and if it is contested.
Typical cases require you to file your complaint, get medical documents, appoint an attorney for the alleged incapacitated person, and hold a court hearing to determine if guardianship is granted. Complex cases with lots of evidence can take longer.
What Are the Three Types of Guardians?
There are generally three types of guardians: guardians of the person, guardians of the estate, and general guardians. The first type makes decisions about the person’s care and medical needs. The second deals with finances. The last type can do both. New Jersey courts can also appoint a limited guardian who only has control over specific aspects of a person’s life.
How Much Does a Guardian Get Paid in NJ?
Guardians might get paid in New Jersey, but not always. Guardians can request payment for their time and services, but the court must approve it.
Additionally, any fees paid to a guardian usually come out of the incapacitated person’s estate. Guardians are paid based on what they can prove to be reasonable for the care of the person who has been deemed incapacitated. Family members sometimes ask for little to no pay when serving as a guardian.
Contact Weisberg & Klauber, LLC
If you are seeking assistance in your guardianship case, Weisberg & Klauber, LLC can help you in the legal process. Contact us today for more information.
