How does a guardianship impact a ward's rights?

A guardianship in New Jersey can dramatically impact the rights of the ward, or person under the guardianship. When someone is declared legally incapacitated, or unable to manage their own affairs, a guardian is appointed to make decisions on the ward’s behalf. This guardian is typically either an individual or an organization and must be approved by the court. A person under guardianship typically loses the right to make decisions for themselves and must rely on their guardian for decisions regarding their property, finances, and health care. The guardian is allowed to make decisions in the best interest of the ward, and is often required to make these decisions without the consent of the ward. In some cases, a ward could also lose the right to use their own money, own property, and, in the most drastic of cases, even the right to privacy. Depending on the type of guardianship, the guardian may be allowed to restrict communication with friends and family, or even restrict travel. In most cases, a guardian is tasked with promoting the well-being of the ward, but this does not always mean that the rights of the ward will be respected. It is important to note that a guardianship should only be used in extreme situations, and only when it is determined that the ward is unable to make decisions or care for themselves without risk of harm.

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How does a guardianship impact a ward's rights?

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