How can a person become a guardian?

In New Jersey, a guardian is someone who is appointed to make decisions on behalf of a person who is legally incompetent, known as a ward. A guardian assumes responsibility for the ward’s welfare, health, and safety. A guardian has the power to make decisions regarding the ward such as consent to medical treatment, access to education, and any other rights the ward has. In New Jersey, there are several ways a person can become a guardian of another. The most common way is for the ward to sign a document appointing a guardian. This document must be filed with the court. Another way is for a close family member, such as a parent or spouse, to file a petition with the court requesting to be appointed guardian. A third way to become a guardian is for a third-party to file a petition with the court. This could be a friend, neighbor, or someone with knowledge of the ward’s wishes. This third-party must be approved by the court and must provide evidence that they are capable of acting in the best interests of the ward. In all cases, the court must issue a guardianship order before the person is officially appointed as guardian. The court may also appoint an attorney to represent the interests of the ward during this process. This attorney must provide advice and help the court make a guardianship decision based on the best interests of the ward. Once the court grants guardianship, the guardian is responsible for making decisions on behalf of the ward.

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