Who is eligible for guardianship?

In New Jersey, any person who is “unable to provide for her or his own support, care, education, and management of property” or who is “under legal disabilities” may be eligible for guardianship. This includes people who have physical or mental impairments which prevent them from managing their own affairs, people who have developmental disabilities, and people who suffer from disabilities due to age or illness. A court may also appoint a guardian for a minor who is under 18 years of age. If the minor has assets or large sums of money, the guardian will be responsible for managing the minor’s finances. In addition, a guardian may be appointed for an adult who is not able to make decisions for himself or herself due to mental illness, physical injury, or dementia. In New Jersey, guardianship can be appointed by either a Court of Chancery, Superior Court, or surrogate’s court. In order to be appointed as a guardian, an individual must be a resident of New Jersey and at least 18 years old. The individual must also demonstrate to the court that they have the ability to properly care for the person that requires guardianship. Guardianship law in New Jersey also provides for the appointment of a standby guardian who will take over if the permanent guardian becomes incapacitated. This is done to ensure that the person requiring guardianship will always have someone taking care of them. In summary, in New Jersey, anyone who is unable to provide for herself or himself, including minors and those with physical or mental impairments, development disabilities, age-related disabilities, or dementia may be eligible for guardianship. The guardian must be a resident of New Jersey and must be able to demonstrate to the court the ability to properly care for the person requiring guardianship.

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