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
Rita M. Aquilio Elected Treasurer of the Somerset County Bar Association

Rita M. Aquilio, a matrimonial and family law attorney with Lawrence Law, was elected to Treasurer of the Somerset County Bar Association on June 2, 2020. Her term is for two years and will begin when she is installed in September 2020. Aquilio previously served a two-year term as a Trustee of the SCBA. The…

Read More
News
Jeralyn Lawrence Published in the Journal of the American Academy of Matrimonial Lawyers

Jeralyn Lawrence, Founder & Managing Partner of Lawrence Law, was published in the 2020, Volume 32, Number 2 edition of the Journal of the American Academy of Matrimonial Lawyers. In the Journal’s most recent addition, Lawrence co-wrote “Child Relocation: Case Law, Social Science, and Practice Implications” with Matheu D. Nunn, Esq. of Einhorn, Barbarito, Frost…

Read More
News
Rita Aquilio Quoted in ABA Litigation News

Rita Aquilio, a divorce and family law attorney with Lawrence Law, was quoted in the Spring 2020 issue of ABA Litigation News. The article, LegalMatch Must Be Regulated as a Lawyer Referral Source, discussed the recent decision in Jackson v. LegalMatch. At issue is whether on-line referral services are in the public’s best interests. Aquilio,…

Read More
Blog
Practicing Law During COVID-19

Jeralyn Lawrence, Founder and Managing Partner of Lawrence Law, took place in MyShingle.com’s interview series – Pandemic Law Practice: How 14 Solo & Small Firm Lawyers Are Serving Clients and Keeping the Wheels of Justice Turning. Click here to hear the interview. A couple of highlights from Lawrence’s interview regarding client issues Custody and parenting…

Read More
News
Jeralyn Lawrence Installed as First Vice President of the New Jersey Bar Association

Today, Jeralyn Lawrence, founder and Managing Partner of Lawrence Law, was installed as the First Vice President of the New Jersey State Bar Association. The ceremony took part, virtually, in connection with the New Jersey State Bar Association’s Annual Meeting. With this installation, her term as Second Vice President has concluded. Lawrence says, “I am…

Read More
Call Now ButtonCall Us