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In New Jersey, a conservatorship is a voluntary action that allows a third-party conservator to manage the conservatee's property, assets and financial affairs. A conservatorship isn't to be confused with a guardianship in the state, which is appointed in the case of mental incapacity.

A kinship legal guardian is a relative or close family friend who is appointed by the court to raise a child when the parents are unable to do so. Kinship legal guardianship (KLG) does not terminate the parents' rights. Parents can still seek visitation, and they are still financially responsible for the child.

The initial guardianship request is filed with the county surrogate's office. A Superior Court judge then hears and decides on the case. If incapacitation is determined, the court-appointed guardian must qualify with the county surrogate. Potential guardians can file for a standard guardianship.

There are alternatives to guardianship that may be appropriate for your family member, such as a revocable power of attorney (POA). Establishing guardianship is a legal process, and some families turn to the Bureau of Guardianship Services at the Department of Human Services for help with the process.

POAs can be executed privately by and among any consenting adults without court approval and with little to no oversight. Unlike POAs, in New Jersey, conservatorships and guardianships can only be put into place by a Judge of the Superior Court.

Notably, a conservatorship is a voluntary process, and the protected person (the conservatee) consents to allow the conservator to manage his or her assets. Conservatorship is usually sought by family members for a loved one who can no longer make their own decisions.