New Jersey Information Sheet Guardianship is a legal process in which an adult individual is appointed to make decisions and provide care for an individual who is unable to do so themselves. This often applies to those who are minors, elderly, disabled, or incapacitated in some way. There are three types of guardianship recognized in New Jersey: plenary guardianship, limited guardianship, and temporary guardianship. Plenary Guardianship gives a guardian full authority to make all decisions for the ward. This includes decisions regarding healthcare, education, living arrangements, and finances. Limited Guardianship is more limited in scope than plenary guardianship, in that the guardian is given the authority to make only specific decisions for the ward. Temporary Guardianship is usually used in cases of emergency where guardianship is needed for a short period of time until more permanent arrangements can be made. New Jersey Information Sheet Guardianship outlines the legal parameters of guardianship in New Jersey, and serves as an informational resource for those interested in pursuing guardianship. It also outlines the responsibilities and duties of guardians, and provides guidance on various topics such as the legal process of guardianship, the types of guardianship, and the rights and obligations of those involved.
New Jersey Information Sheet Guardianship
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FAQ
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.
Letters of Guardianship : Letters of Guardianship are documents issued by the County Surrogate upon an individual's qualification as guardian, after the entry of a Judgment by the Superior Court.
Normally, the biological parents have custody of their children unless the parents die. Parents normally appoint a guardian for a minor child in their will. A court can approve a request for the appointment of a guardian when the parents are deceased or are unfit.
Under New Jersey law?unless otherwise ordered?a guardian of the person shall personally visit the incapacitated person not less than once every three months. The guardian must maintain sufficient contact with the protected person to know his capacities, limitations, needs, opportunities and physical and mental health.
In New Jersey, a person is generally considered to be in need of guardianship protection when that person shows a lack of ability to make rational decisions with an understanding of the consequences of those decisions for both their health, safety, welfare, and/or financial well-being.
A guardian is a person or people who will assume the right to manage the assets of your children if you and your spouse pass away. A custodian is a person who will assume physical custody.
Guardianship of a Child Under Your Care Living in Your Home. Kinship legal guardianship (KLG) does not terminate the parents' rights. Parents can still seek visitation, and they are still financially responsible for the child. A caregiver must have been caring for the child for at least a year before applying for KLG.
As the guardian of this child, you will have the same rights as a parent, with a few exceptions. You will not be able to change the child's legal name, and you cannot consent for the child to be adopted by someone.