Guardianship in New Jersey

1. GUARDIANSHIP IN NEW JERSEY In New Jersey, a guardian may be appointed by a court when an incapacitated person can no longer make their own decisions. Impaired decision- making may be the result of dementia, a severe illness, or a developmental disability. The guardian is tasked with making decisions for their “ward”. Such legal authority often authorizes decision- making regarding living arrangements, medical decisions, and/or finances. Legal Standard for New Jersey Guardianships First, the court must find “by clear and convincing evidence” that a person lacks the mental capacity to make their own decisions. It is not enough that the person makes bad or illogical decisions. A loss of mental capacity must be shown. This requires medical evidence. When is a Guardian Required to Report to the Court Once a year, the guardian is required to file annual reports with the court. This includes a “Well-Being” report containing a physician’s letter and the guardian’s observations of the ward’s health. This also includes a financial report, itemizing how the ward’s money was used in the past year. Contact Us It is important that you see an attorney if you believe that someone may need a guardian. The correct reports and legal documents must be filed with the court. 200 NJ-31 #207, Flemington, NJ 08822, USA 908-751-1551 info@legalcounselnj.com legalcounselnj.com