Guardianship is a legal process designed to protect individuals who are unable to care for themselves due to incapacitation. In New Jersey, obtaining guardianship for a special needs adult involves a series of steps to ensure the potential guardian is suitable and the process respects the rights of the incapacitated person.
Understanding the Types of Guardianship
New Jersey recognizes different types of guardianship:
General Guardianship: This is applicable when an adult cannot make any decisions for themselves and the guardian will have comprehensive authority over personal and financial decisions.
Limited Guardianship: Tailored to the individual’s needs, this allows the adult to maintain certain rights while the guardian makes decisions in specific areas where assistance is required.
The Guardianship Application Process
Determine Eligibility: If the adult with special needs is receiving services from the Division of Developmental Disabilities (DDD), they may have specific filing instructions.
Medical Certification: The adult must be examined by a physician, and a second doctor or psychologist must also certify the condition. These examinations should occur within 30 days of filing the guardianship application.
Filing the Application: The initial request for guardianship is filed with the county surrogate’s office. The necessary forms include:
Certification of Physician or Psychologist
Case Information Sheet (CIS)
Certification of Assets (if applicable)
Certification of Criminal and Civil Judgment History of the potential guardian
Court Hearing: A Superior Court judge will hear the case and decide on the guardianship. If approved, the guardian must qualify with the county surrogate.
Advocacy and Oversight: Once appointed, guardians are expected to advocate for the independence of the incapacitated person and consider their input and preferences.
Seeking Legal Assistance
The process can be complex, and it’s recommended to seek legal advice. If you cannot afford a lawyer, contact the legal services program in your county to see if you qualify for free legal services.
Final Thoughts
Applying for guardianship is a significant responsibility and an act of care. It’s essential to approach this process with the best interest of the special needs adult at heart, ensuring their well-being and rights are at the forefront of every decision.
I hope this blog post provides a clear overview of the guardianship process in New Jersey. Remember, the well-being of the individual is the most important consideration throughout this process. For more detailed information and access to the necessary forms, please refer to the New Jersey Courts’ official resources.
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