If you’re caring for a loved one with special needs who’s turning 18, you may need to consider legal guardianship. In New Jersey, this process gives you the legal right to make decisions on their behalf when they can’t do so themselves.
Here’s what you need to know to get started.
Know when guardianship is needed
Guardianship is for adults who can’t manage their personal or financial affairs due to a disability. The reasons often vary from developmental delays, mental illness or another condition that affects decision-making.
However, before you begin, assess if options like power of attorney or supported decision-making might work better for you instead. Guardianship is a serious step that takes away some legal rights, so it should only be used when truly needed.
Should you opt for guardianship, you must also explore which type of guardianship you would go for:
- General/Plenary: The type of guardianship where the guardian has the authority to make all the decisions for the ward.
- Limited: A legal arrangement where a court appoints a guardian to assist the ward in specific areas of their life while they retain the ability to make decisions in some other areas.
Each type of guardianship has its strengths and weaknesses. Consider consulting with a legal professional to learn more about your options and help decide which between the two arrangements would be ideal.
Start with a court petition
To begin, you’ll file a petition with the Superior Court in the county where your loved one lives. You’ll need to include:
- A written request explaining why guardianship is needed
- Certifications from two doctors or psychologists who evaluated the person within 30 days
- A list of assets and income
- Your criminal and civil judgment history
- Draft legal documents for the court to review
This paperwork lets the court see the full picture of your loved one’s needs and your ability to help.
Attend the court hearing
Once filed, the court then appoints a lawyer for your loved one. This attorney will meet with them and submit a report to the judge. At the hearing, you’ll answer questions and explain why guardianship is the best option.
The judge decides if your loved one is legally incapacitated and whether to appoint you as guardian.
Complete the final steps
If approved, you’ll go to the county surrogate’s office to be officially sworn in. You might need to post a bond, you will also receive official documents called Letters of Guardianship. These let you act on your loved one’s behalf.
What comes next
As a legal guardian, you’ll make decisions about healthcare, housing and daily life. You may need to file yearly reports to the court to show that you’re acting in your loved one’s best interest.
However, don’t let this discourage you. Many families in New Jersey take this step to protect and support the people they love. If you’re unsure where to begin, a lawyer who handles guardianship cases can help guide you.