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New Jersey How to Apply for Guardianship of the Person and Estate (Property) of an Individual Eligible for Services from the Division of Developmental Disabilities (DDD)

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New Jersey
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NJ-SKU-0907
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How to Apply for Guardianship of the Person and Estate (Property) of an Individual Eligible for Services from the Division of Developmental Disabilities (DDD)

New Jersey How to Apply for Guardianship of the Person and Estate (Property) of an Individual Eligible for Services from the Division of Developmental Disabilities (DDD) is a process that allows a court to appoint a guardian to care for the needs of an individual who has been certified by the Division of Developmental Disabilities as eligible for services. This includes providing for the individual’s physical, social, and financial needs. The guardian appointed by the court is responsible for making decisions on behalf of the individual, including decisions regarding the individual’s medical care, residence, employment, education, and other matters. There are two types of guardianship available in New Jersey: Guardianship of the Person and Guardianship of the Estate (Property). Guardianship of the Person is established to provide care, maintenance, and protection to an individual who is unable to act on his/her own behalf. Guardianship of the Estate (Property) is established to manage the individual’s financial affairs, including receiving and managing income, managing expenses, filing taxes, and other financial matters. To apply for guardianship of the person and/or estate of an individual eligible for services from the Division of Developmental Disabilities, a person must file a Petition for Guardianship with the court. The petition must include supporting documents, such as the individual’s certification for services from the Division of Developmental Disabilities, a physician’s report as to the individual’s condition, and a list of assets and liabilities. A court hearing is then held to determine whether guardianship is appropriate. If the court grants the petition, it will appoint a guardian for the individual. The guardian will then be responsible for making decisions on behalf of the individual.

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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.

Guardian of the Estate ? An individual appointed by the court to handle the financial affairs of another person who has been adjudicated incapacitated. Unlike a guardian of the person, a guardian of the estate is not responsible for decisions regarding the personal well-being of the protected person.

How much does a Guardianship make in New Jersey? As of , the average annual pay for the Guardianship jobs category in New Jersey is $52,888 a year.

Adult Guardianship in New Jersey. Court-appointed guardians oversee adults who are not able to make decisions or care for themselves. They need to have legal authority to make decisions for the person under guardianship (also called ?incapacitated person?). Only the courts can grant that power.

(a) Form. Every affidavit shall run in the first person and be divided into numbered paragraphs as in pleadings. The caption shall include a designation of the particular proceeding the affidavit supports or opposes and the original date, if any, fixed for hearing.

Summonses shall be served, together with a copy of the complaint, by the sheriff, or by a person specially appointed by the court for that purpose, or by plaintiff's attorney or the attorney's agent, or by any other competent adult not having a direct interest in the litigation.

-4. If the Division of Mental Health Advocacy, in the Office of the Public Defender, is unavailable or if the petition seeks guardianship of the person and the estate, the court shall appoint an attorney to represent the alleged incapacitated person.

Custody orders pertain to a parent's care of a child, whereas guardianship is appointed by the court to an individual who is not the child's biological parent. In certain situations, a child may be under the guardianship of one person while in the custody of their parents.

More info

To apply for guardianship, you must submit several forms to the Superior Court. Application for Determination of Eligibility for Services.Enclosed is the DDD. Note: The Pro Se packet states "DDO official will complete a form verifying that the individual is a current client of the Division of Developmental. To file for a DDD guardianship, only one physician or psychologist need examine or evaluate the individual and submit a written report under oath. Comprehensive analysis of our person-centered programs, services, and impact. Pro Se Application for Guardianship an Individual Eligible for Services from the Division of Developmental Disabilities (DDD). Division of Developmental Disabilities. Individuals must apply to DDD to receive an eligibility determination. Division of Developmental Disabilities.

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New Jersey How to Apply for Guardianship of the Person and Estate (Property) of an Individual Eligible for Services from the Division of Developmental Disabilities (DDD)