An Adult Guardianship is Not a First Step in New Jersey
An elderly, disabled, or otherwise vulnerable person may not be able to fully handle his or her own financial, legal, and medical affairs. An adult guardianship is a legal instrument that effectively puts another (trusted) person in charge. However, an adult guardianship is never the first step in New Jersey. Instead, there are a number of less restrictive alternative options. Here, our Monmouth County adult guardianship attorney provides a more comprehensive overview of the law and the process in New Jersey.
What is an Adult Guardianship?
Broadly speaking, an adult guardianship is a court-ordered and legally-enforceable arrangement that transfers decision-making authority from an incapacitated person to a guardian. New Jersey law (N.J.S.A. 3B:12-24.1) authorizes the Court to appoint a guardian of the person, the estate, or both. A finding of incapacity requires clear and convincing evidence that the individual lacks the ability to govern himself or herself and manage affairs. The court relies on affidavits or certifications from qualified medical professionals. A guardian of the person controls medical and personal decisions. A guardian of the estate controls financial matters. As adult guardianship is a very big step, it is not the first one.
New Jersey Favors the Least Restrictive Alternative
New Jersey courts must impose the least restrictive alternative that adequately protects the alleged incapacitated person. Indeed, state law expressly holds that courts must tailor any order restricting rights due to incapacity to the individual’s functional limitations. Remember, a full adult guardianship strips fundamental rights, including control over finances, medical care, and residence. Courts avoid that result unless no narrower option will address the risk of harm.
What Might Come Before (or instead of) an Adult Guardianship
Durable Power of Attorney
A properly executed power of attorney allows a trusted agent to manage financial and legal matters without court intervention. A POA is often a great incapacity planning tool.
Health Care Proxy (Advance Directive)
An advance directive appoints a health care representative to make medical decisions if the principal loses capacity. Hospitals and physicians must follow the directive under New Jersey law.
Representative Payee
Federal programs (including Social Security) permit appointment of a representative payee to receive and manage benefits. That can make things easier to navigate.
Supported Decision-Making Arrangements
In New Jersey, informal or written agreements can structure assistance from family or advisors while the individual retains legal authority.
Trust Planning
Revocable or irrevocable trusts can centralize asset management under a trustee. A funded trust can help to ensure major financial decisions are made properly.
Case Management and Community Services
Social services, care managers, and protective arrangements can address safety, housing, and medical compliance issues.
Speak to Our Monmouth County Adult Guardianship Lawyer Today
At Poulos LoPiccolo PC, our New Jersey adult guardianship attorney has the knowledge, skills, and experience that you can trust. If you have any questions or concerns about protection for an elderly parent or other vulnerable adult, please do not hesitate to contact us today for a confidential consultation. We handle adult guardianship cases statewide in New Jersey.
