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.

Blog
We Hope to Eradicate the “not established” Standard

Every year, there are approximately 90,000 allegations of child abuse and neglect in New Jersey. Of  cases reported in 2019, 67,000 were determined to be “not established” by the State’s Division of Child Protection and Permanency (DCP&P). The determination of “not established” is problematic and not much of a legal standard.  The “not established” category…

Read More
News
Rita Aquilio Attends ABA’s Section of Litigation Winter Leadership Meeting

Rita Aquilio, a divorce and family law attorney with Lawrence Law, attended the American Bar Association’s Section of Litigation Winter Leadership Meeting on January 16-18, 2020, at the Loews Hotel in Miami Beach, Florida. Aquilio attended the winter leadership meeting, an invitation-only event, as Co-Chair of the American Bar Association’s Section of Litigation Family Law…

Read More
News
Jeralyn Lawrence Published in The Clarion

Jeralyn Lawrence, Founder and Managing Member of Lawrence Law, had an article published in Volume 10, Issue 2 of The Clarion. Lawrence’s article, published in January 2020, discusses equitable distribution of negative equity.  It addresses the issue when one party to a marriage seeks to retain an asset that, at the time of trial or…

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

On Saturday, January 25, 2020, Jeralyn Lawrence will participate in New Jersey ICLE’s 2020 Family Law Symposium which is being presented in cooperation with the New Jersey State Bar Association Family Law Section. Lawrence will discuss The Alimony Factors – How to Effectively Apply Alimony Factors to Determine the Amount of an Alimony Award and…

Read More
Blog
Is January Really “Divorce Month?”

“Divorce Month” Fact or Fiction: Do More Couples Split in January? was a recent article that I came across in the New York Times. The article discusses the belief that January is the busiest month of the year for divorce filings. The article’s information is consistent with my experiences after practicing family law for many…

Read More
Call Now ButtonCall Us