When To Seek Legal Guardianship In New Jersey?

If you have a disabled child or a parent who has become incapacitated due to age or illness, it is understandable that you want to know more about guardianships. In New Jersey, guardianships are only awarded in certain situations and only to those whom the court feels are fit to take on the role of a guardian.

If you feel you have a need for a guardianship, the lawyers attorneys at McCurrie McCurrie & McCurrie, L.L.C., can review your case and help you take the steps to achieve guardianship if doing so is appropriate. If your family member completed a power of attorney designation, you may not need to go through the process of obtaining guardianship. Unfortunately, once your loved one has become incapacitated, it is too late to give you power of attorney.

When Might The Court Grant A Guardianship?

Due to age, illness or disability, there are individuals who cannot make important decisions for themselves. The court deems a guardianship necessary in these cases if the incapacitated individuals did not designate powers of attorney. If there is a POA designation but it was not made while the principal was in a fit state, it may be invalidated and a guardianship sought.

There are two types of guardianships available in New Jersey. These are:

  • General: A general guardianship would be appropriate if a person is found totally incapable of expressing or making any decisions.
  • Limited: A limited guardianship may be appropriate if a person is capable of making some but not all decisions for him or herself.

The court will review completed evaluations to determine which, if either, guardianship type is appropriate.

How To Seek Legal Guardianship?

If you have an interest in seeking legal guardianship of a loved one, there are certain steps you have to take to get it done. The first step is having the individual declared incapacitated by a legal authority. This often requires the completion of medical and psychological evaluations so that the court can make an informed decision. Our lawyers will guide you through the process of obtaining the necessary evaluations and file your guardianship petition.

Get Help Navigating A Legal Guardianship

Seeking legal guardianship of a loved one is something you can do on your own, but having legal counsel on hand to represent you at the required court hearings — particularly if you have concerns over the person's assets — is wise. At McCurrie McCurrie & McCurrie, L.L.C., we understand that you just want to make sure your loved one is taken care of, and we are here to assist you in making sure that happens. Call us at 201-467-4180 or contact us online to learn more about how we can help your case.