Types of Guardianship for Adults in New Jersey

When an adult becomes unable to care for their own wellbeing or financial affairs due to illness, disability, or other factors, the court may appoint a guardian to make decisions on their behalf. In New Jersey, there are several types of guardianship arrangements that can be put in place depending on the individual’s specific needs and circumstances.

If you have a loved one who may require a guardianship, it is important to understand the different options available. In this blog post, we will break down the main types of adult guardianship in New Jersey and explain when each may apply.

What is Guardianship?

Guardianship is a legal arrangement where the court grants a person (the “guardian”) the authority to make decisions on behalf of another adult (the “ward”) who has been deemed incapacitated.

The court must first determine that the individual is incapacitated through a formal process. This involves a comprehensive assessment by physicians or psychologists certifying that the person is unable to govern themselves and manage their own affairs due to:

• Mental illness or deficiency
• Physical illness or disability
• Chronic drug or alcohol use
• Developmental disability

Until the court makes a formal determination, the individual is considered an “alleged incapacitated person” (AIP). If the court concludes they are indeed incapacitated, they become a “protected person” or ward.

The Three Main Types of Adult Guardianship in NJ

In New Jersey, there are three primary types of guardianship for incapacitated adults:

1. Guardianship of the Person and Estate
2. Guardianship of the Person Only
3. Guardianship of the Estate Only

Let us look at each type in more detail:

1. Guardianship of the Person and Estate

This is the most comprehensive form of guardianship. As the name suggests, it grants the guardian authority over both the personal and financial affairs of the ward.

The guardian becomes responsible for making decisions related to the individual’s healthcare, living arrangements, and daily care. They also take over management of the ward’s assets, income, and financial obligations.

Guardianship of the person and estate is appropriate when the incapacitated person requires personal care oversight and also has financial assets or income that must be properly managed (collectively considered their “estate”).

2. Guardianship of the Person Only

In some cases, an incapacitated person may need someone to handle their personal and medical affairs but does not have significant financial assets or income to oversee.

Guardianship of the person only can be a fitting solution in these situations. The guardian has the authority to make decisions about medical treatment, residence, and other aspects of the ward’s personal life and care. However, they do not control the individual’s money, as there is no “estate” to manage.

3. Guardianship of the Estate Only

On the flip side, an incapacitated person may be able to handle their own day-to-day care and personal decisions but require assistance with financial matters. In this scenario, the court may appoint a guardian of the estate only.

The guardian is responsible for managing the protected person’s assets, paying their bills, making investment decisions, and handling any other financial issues. But unlike guardianship of the person, they are not involved in choices regarding medical care or living arrangements.

Guardianship of the estate only makes sense when the individual is capable of personal self-governance but needs help dealing with their economic affairs.

General vs. Limited Guardianship

In addition to the distinctions above, New Jersey guardianships can also be categorized as general or limited:

• General Guardianship: The guardian has full decision-making power over all aspects of the ward’s life that fall under the scope of their appointment (person and/or estate). This is appropriate when the AIP is completely unable to handle their own affairs.
• Limited Guardianship: The guardian is only granted authority over specific areas of the incapacitated person’s life. This less-restrictive option allows the protected person to maintain control over matters they are still capable of handling themselves. The court will tailor the guardianship order to the individual’s particular limitations.

Obtaining Guardianship in New Jersey

To establish a guardianship, a petition must be filed with the court. The County Surrogate’s Office handles the initial filing, and then a Superior Court judge will hear the case to determine incapacitation and appoint a guardian.

Along with the guardianship petition, the alleged incapacitated person must be examined by physicians or psychologists who will submit certifications to the court regarding their condition. The AIP is also appointed their own attorney to advocate for their interests in the proceeding.

If the court concludes that the person is indeed incapacitated, the judge will issue an order appointing a guardian. The guardian must then appear before the County Surrogate to qualify and receive their official Letters of Guardianship granting them authority.

Once the guardianship is in place, the guardian becomes legally obligated to act in the ward’s best interests and follow all reporting and oversight requirements. The court remains involved to monitor the arrangement and ensure the incapacitated person is properly cared for.

Choosing the Right Guardianship Arrangement

Pursuing guardianship for a loved one is never an easy decision. It is a significant undertaking that requires careful consideration of the person’s needs, the various guardianship options, and the legal process involved.

An experienced guardianship attorney can help you determine what type of arrangement is most appropriate and guide you through petitioning the court. With proper planning and legal counsel, you can put a guardianship in place that protects your loved one’s wellbeing and gives you peace of mind.

If you have questions about obtaining guardianship for an incapacitated adult in New Jersey, the dedicated attorneys at The Simone Law Firm are here to help. Contact us today to discuss your situation and learn more about how we can assist you through the process.