Guardianship

Establishing guardianship is a legal process, and we have guided many of our clients to understand the family’s options regarding guardianship, what steps to take before applying for guardianship, and the forms of guardianship – general or plenary guardianship, or limited guardianship.

Frequently Asked New Jersey Guardianship Questions

What is a guardianship?

A legal guardian is an individual has been authorized to act on behalf of a minor or an incapacitated adult. A legal guardian has an obligation to ensure that he/she is acting in this individual’s best interest with regard to his/her health, safety and general welfare. A guardian’s duties involve making decisions on behalf of the individual and providing consent on his/her behalf.

What is a limited guardianship in NJ?

An individual with limited guardianship over a minor or incapacitated adult is authorized to make decisions on his/her behalf relative to residential, educational, medical, legal and financial issues. Typically, limited guardianship is appropriate in cases where the minor/incapacitated adult is capable of making some, but not all, decisions on his/her behalf. In contrast, general guardianship (or “plenary” guardianship) is appropriate in cases where the minor or incapacitated adult is unable to make any decision on his/her own behalf.

How do I begin the process of being appointed a guardian?

In some cases, the induvial may voluntarily appoint the guardian through a Power of Attorney. In the case of a minor or incapacitated adult who is unable to make this decision, the individual seeking to be appointed as guardian must make an application to the Superior Court. This application must be supported by current assessments from either a psychologist, psychiatrist, and/or licensed medical doctor in support of the guardianship application. Upon filing a guardianship application, the Court will appoint an attorney to represent the minor/incapacitated adult. If the Court determines that guardianship is appropriate, a judgment will be entered appointing the guardian(s). Before the guardian may act on behalf of the minor/incapacitated adult, however, he or she must appear before the Surrogate, complete forms and pay all requisite fees. Once a guardian has been appointed by the Court, only the Court can modify the guardianship Order.

News
Jeralyn Lawrence Quoted on NJ.com About COVID-19

On March 28, 2020, Jeralyn Lawrence was quoted on NJ.com in an article What divorced people need to know about the coronavirus stimulus package. Lawrence, of Lawrence Law, comments on financial issues related to parties who are already divorced and those who are currently in the process of divorcing. She also comments on custody and…

Read More
Blog
Family Law Carries on During the Coronavirus Crisis

I have been getting many questions from clients and prospective clients about what is going on during these times. Without question, family law carries on during the coronavirus crisis. When Lawrence Law opened its doors, we made sure to have the best technology available so we can always serve our clients. Lessons were learned from…

Read More
Blog
COVID-19 Pandemic has an Impact on Family Law

I am receiving an increasing number of calls from concerned clients about the impact of COVID-19 on their family law matters. Concern #1 is their parenting time. We are near a time when self-quarantining is a reality. This is an incredibly important measure to keep our families healthy and safe. Emerging are instances where one…

Read More
News
Jeralyn Lawrence Recognized in New Jersey Super Lawyers in Several Categories

Jeralyn Lawrence, founder and Managing Partner of Lawrence Law, has been selected as a 2020 New Jersey Super Lawyer in the Family Law section. She has been included in New Jersey Super Lawyers since 2007. Lawrence was also named to Top 100: 2020 New Jersey Super Lawyers List and the Top 50: 2020 Women New…

Read More
News
Jeralyn Lawrence to speak at the 2020 Family Law Retreat

On Saturday, March 28, 2020, Jeralyn Lawrence will participate in a presentation Whiskey, Kentucky Bourbon, and New Jersey Marriages in Nashville, Tennessee. This presentation is part of the New Jersey State Bar Association 2020 Family Law Retreat. Lawrence, Founder and Managing Member of Lawrence Law, will discuss the equitable distribution of intellectual property in a…

Read More
Call Now ButtonCall Us