If an adult needs a guardian, their loved ones can go through a process in New Jersey to have one established. A guardian may be necessary in situations where a person cannot manage their financial affairs or needs assistance to make decisions. This is usually due to incapacity.
Types of guardianship
There are two types of guardianship that are helpful to understand. A guardian of the person is appointed by the court to make decisions for an incapacitated person. The court will decide the scope of the guardian’s authority which may include making decisions about healthcare, housing or other matters.
A guardian of the estate is appointed by the court to manage the financial affairs and assets of an incapacitated person. This type of guardian may be responsible for paying bills and managing property.
The first step in the guardianship process is to file a petition with the court. The petition must state the reasons for requesting guardianship and provide information about the person who needs a guardian. Then, all of the interested parties must receive notice of the request, including the individual who may be subject to the guardianship.
The court will schedule a hearing to review the petition and evidence. If the court determines that the guardianship is in the person’s best interest, it will appoint a guardian.
The guardian will be required to submit regular reports to the court so it can ensure that the guardian is managing assets properly and making appropriate decisions. The guardian must follow all court requirements.