How does a guardianship end?
A guardianship in New Jersey typically ends when the court determines that it is no longer necessary. This occurs when the protected person, known as the ward, reaches the age of majority (18 years old) or becomes able to handle their own affairs. The guardianship may end before a ward reaches 18 if the ward marries, enlists in the armed forces or is otherwise declared competent. A guardianship may also end if the guardian is no longer able to fulfill their duties or voluntarily resigns. The court can also terminate the guardianship if it determines that the ward is able to handle their own affairs or if the ward objects to the guardianship. If the ward objects, the court will hold a hearing where the ward, guardian, and other interested persons can attend and provide evidence. After the hearing, the court will make a decision as to whether or not the ward is able to manage their own affairs. If the court finds that the ward is capable, then the guardianship will end. A guardianship can also be terminated upon the death of the ward or the appointment of a conservator to care for the ward’s estate. In addition, the guardianship may be terminated if the guardian is found to be neglecting or abusing the ward. In any case, the court must approve any termination or modification of a guardianship and will issue an order to end the guardianship. Once the order is issued, the guardian must return all property and funds that were under their control to the ward or the ward’s estate.
Related FAQs
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