What is a guardianship for an adult?
In New Jersey, a guardianship for an adult is a legal arrangement in which an individual (called a guardian) is appointed by a court to make decisions on behalf of an adult who is unable to do so due to mental or physical incapacity. A guardianship can allow a court-appointed guardian to manage the adult’s finances, make medical decisions, decide where the adult will live, and make other decisions related to the adult’s care and well-being. Generally, guardianships are established when the adult no longer has the capacity to take care of themselves, or when someone is seeking to prevent potential harm or exploitation of the adult. The New Jersey courts recognize two types of guardianships for an adult; guardianship of the estate and guardianship of the person. A guardianship of the estate allows a guardian to make decisions related to the adult’s financial affairs such as managing bank accounts, making investments, and making decisions related to insurance or tax liabilities. A guardianship of the person allows a guardian to make decisions related to the adult’s healthcare, living arrangements, and other decisions related to their well-being. In New Jersey, guardianship proceedings are started by filing a petition with the court. The petition must provide evidence of the adult’s disability or incapacity. If the court finds that it is in the interest of the adult, it may grant the petition and appoint a guardian. The guardian can then make decisions on behalf of the adult in accordance with the laws of New Jersey.
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