Understanding Court Appointed Authority Regarding the Person and Finances of Another in New Jersey<\/h3>\n
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Guardianship in New Jersey<\/h2>\n
In New Jersey, a guardian may be appointed by a court when an incapacitated person can no longer make their own decisions. Impaired decision-making may be the result of dementia, a severe illness, or a developmental disability. The guardian is tasked with making decisions for their \u201cward\u201d. Such legal authority often authorizes decision-making regarding living arrangements, medical decisions, and\/or finances.<\/p>\n
Legal Standard for New Jersey Guardianships<\/h2>\n
First, the court must find \u201cby clear and convincing evidence\u201d that a person lacks the mental capacity to make their own decisions. It is not enough that the person makes bad or illogical decisions. A loss of mental capacity must be shown. This requires medical evidence.<\/p>\n
New Jersey Court Appointed Attorney<\/h2>\n
A New Jersey court appointed attorney<\/a> will represent the alleged incapacitated person. This attorney will review medical records and interview the proposed guardian, caretakers, and certain interested parties. If there is good reason to oppose the guardianship, the court appointed attorney must do so. Many times, however, guardianship petitions are not opposed, and guardianship is granted.<\/p>\n Once guardianship over an incapacitated person has been granted by a court in New Jersey, the guardian will normally be required to post a bond and file an inventory of the ward\u2019s assets within ninety days of appointment. The guardian becomes a \u201cfiduciary\u201d charged with handling assets and making decisions solely in the best interest of the ward. A guardian should consider the preferences of the ward and carry out the ward\u2019s wishes whenever possible.<\/p>\n Once a year, the guardian is required to file annual reports with the court. This includes a \u201cWell-Being\u201d report containing a physician\u2019s letter and the guardian\u2019s observations of the ward\u2019s health. This also includes a financial report, itemizing how the ward\u2019s money was used in the past year.<\/p>\n If the incapacitated person properly appointed a power of attorney and health care proxy before losing capacity, guardianship proceedings may not be necessary. Inadequate or legitimately disputed documents may be ineffective, making guardianship in New Jersey necessary.<\/p>\n It is important that you see an attorney if you believe that someone may need a guardian. The correct reports and legal documents must be filed with the court. Finding an attorney who is skilled in this area of law is important. You should question your attorney about his or her experience in handling guardianships.<\/p>\n Guardianships are a major part of an Elder Law Attorney\u2019s practice. In addition, an Elder Law Attorney will know about alternative solutions if a guardianship is not appropriate, such as powers of attorney, medical directives, or protective action.<\/p>\n Acting in the National Academy of Elder Law Attorneys (NAELA) and its New Jersey Chapter, attorney Robert J. Shanahan Jr<\/a>. is also counsel to Volunteer Guardianship One on One Inc., a non-profit group which trains volunteers to act as guardians for those who have no family to act on their behalf.<\/p>\n<\/div>Legal Authority for New Jersey Guardianship<\/h2>\n
When is a Guardian Required to Report to the Court<\/h2>\n
New Jersey Power of Attorney<\/h2>\n
Help is Available<\/h2>\n