Types of Guardianships for Disabled Adults in New Jersey

Whether it’s due to a developmental disability, physical injury, or a cognitive disorder, some disabled adults need a legal guardian to make important life decisions for them. When a New Jersey court determines that an adult is incapacitated, it can appoint a guardian to make decisions on the individual’s behalf. Courts also evaluate the extent of the adult’s incapacitation and what types of supervision they need.

There are different types of guardianships for disabled adults in New Jersey. Keep reading to learn more about what might be appropriate for your loved one, or contact a Freehold guardianship attorney at Susan Clark Law Group for a free consultation.

What Is a Guardianship?

A guardian is a person or agency appointed by the courts to take care of a person with disabilities and make important life decisions for them. Depending on the specific needs of the individual, a guardian could oversee everything from ensuring a ward receives proper medical treatment to deciding where they will live or the type of rehabilitation they need after an accident. Once a person or agency is appointed as someone’s guardian, only the New Jersey court system can change the appointed guardian.

It’s important to know that, in many cases, the guardian is the one who makes all decisions on behalf of the person who needs help. This means the ward must comply with the guardian’s decisions even if they disagree with them. For this reason, guardianship is carefully evaluated and limited to cases where a person’s needs cannot be met in any other way.

Who Can Be a Guardian in New Jersey?

Usually, a disabled adult’s potential guardians are limited to their next of kin, such as parents, spouses, siblings, and children. This makes a certain amount of sense, as the courts want to ensure that the guardian is trustworthy. In some cases, the court may appoint a government agency or outside entity (such as a nonprofit organization) to be someone’s “public guardian” if no appropriate family member can serve as guardian.

Types of NJ Guardianships

According to the New Jersey Department of Human Services, there are two main types of guardianships for disabled adults. They are:

• Guardianship of property – This type of guardian looks out for the ward’s financial interests and their estate but generally does not make personal decisions for them.
• Guardianship of the person – In this role, the guardian looks out for the ward’s personal needs but is generally not involved in their financial affairs.

A person or agency can be appointed as someone’s guardian of property, guardian of the person, or both. Furthermore, guardianships of the person can be broken down into two subtypes, which are:

• General guardianship – This is for people who cannot make or express any decisions at all.
• Limited guardianship – In this type of guardianship, the guardian makes some decisions on behalf of the ward, but the ward can still control certain aspects of their life.

Can a Guardianship Be Shared?

A ward can have co-guardians so that all appointed guardians are involved in the decision-making process. However, having more than one guardian could lead to legal issues or disputes if the guardians disagree, so it’s important to discuss the pros and cons of co-guardianships with a New Jersey guardianship lawyer before proceeding.

Have more questions about guardianship in New Jersey? Contact Susan Clark Law Group LLC today for a free initial consultation.