Alternatives to Guardianships

When someone reaches the age of legal adulthood, they have the right to care for themselves and make important decisions about their lives. However, adults with physical or developmental disabilities may still require assistance from others after they turn 18. In many of these cases, the solution is to find someone to serve as the disabled adult’s legal guardian. But this is not always the best arrangement for the adult who needs care.

As a New Jersey special needs law firm, Susan Clark Law Group LLC helps families find alternatives to guardianship. Our experienced attorneys guide families through New Jersey’s complex guardianship system. We can help you explore other options if guardianship is not the right step for your family. Call or contact us today for a free consultation.

Types of Guardianships in New Jersey

Before digging into the different alternatives to guardianship in New Jersey, let’s review what the law says about guardianships in the Garden State.

According to the New Jersey Department of Human Services, the basic types of guardianships include:

• Guardianship of the property – The guardian is responsible for handling the financial interests of a protected person and their estate. However, a guardianship of the property generally does not involve supervision of the individual’s personal affairs.
• Guardianship of the person – The guardian oversees the individual’s personal needs, such as their health care and education. A guardian of the person is not necessarily responsible for their ward’s financial affairs, but they can be.

In New Jersey, a person can serve as someone’s guardian of the property and guardian of the person at the same time, or different people may fill the two jobs. Additionally, there are two primary subtypes of guardianships of the person, which include:

• Limited guardianship – The guardian is responsible for some aspects of the protected person’s well-being, but the individual still has control over certain decisions.
• General guardianship – The guardian is responsible for handling all aspects of the person’s care. This type of guardianship is usually reserved for those deemed fully incapacitated.

Alternatives to Guardianship

In some instances, a guardianship may be the right arrangement, but it requires the protected person to give up a lot of control over their affairs. Not all individuals or their family members are comfortable with guardianships. Possible alternatives include:

• Supported decision-making agreements – An individual with intellectual or cognitive disabilities chooses one or more people to assist them with making key life decisions. The selected supporter(s) help the person better understand the decisions they need to make by answering questions, exploring various options, and offering their recommendations. This approach allows those with disabilities to exercise greater control over their own affairs. In some cases, the supporter(s) may have the legal authority to carry out the disabled individual’s wishes if needed.
• Durable power of attorney – A durable power of attorney (POA) is a document that allows someone to make legal decisions on another’s behalf. Depending on an individual’s needs or desires, a durable POA can be fairly broad in scope or narrowly tailored to things like health care or financial decisions. A POA is similar to a guardianship but allows someone with disabilities to choose who will look after them and how much power they will have.
• Advanced health care directives and living wills – These documents provide instructions concerning health care decisions for someone who is or becomes incapacitated.
  Conservatorship – The courts appoint a conservator to oversee a person’s financial affairs. A conservatorship is similar to a guardianship, but the conservator’s role is limited only to financial matters.

Are Temporary Guardianships Possible?

Yes. In some cases, a person may be appointed a temporary guardian while the full process for obtaining a general or limited guardianship plays out. However, these temporary guardianships are generally converted to a long-term arrangement through the court system.

That said, guardianships are not permanent. In New Jersey, if an individual receives services through the Department of Human Services’ Division of Developmental Disabilities (DDD), their case will typically be reviewed each year to determine whether they still require a guardian.

Planning Ahead for Guardianships

While reviewing the best options for a child who needs help with their affairs, you must consider their needs, preferences, and how the legal arrangement could affect their future.

It takes time to determine which option may be best for your family, so start early. If your child turns 18 without a guardianship or other legal arrangement in place, you could be limited in your ability to guide them and a court may make decisions about their care until a guardianship is established. A special needs attorney can recommend potential guardianship arrangements after meeting with you to discuss your child and family’s situation.

Talk to a New Jersey Guardianship Attorney

A guardianship lawyer from Susan Clark Law Group LLC can help if you are considering alternatives to guardianship in New Jersey. Our Freehold, NJ special needs law firm focuses exclusively on helping families find solutions so that adult children have the guidance and protection they need for the future.

Call or contact us today for a free consultation with a skilled New Jersey guardianship attorney.