Can a guardian be appointed without a court order?
In New Jersey, a guardian can be appointed without a court order in certain situations. This usually happens when a will or other legal document specifies that someone should be appointed as a guardian for a minor or incapacitated adult. In these cases, the court may accept the will or legal document as evidence that the person is the right choice to act as a guardian. In other situations, a guardian may be appointed by a court-approved agency without a court order. This is common in cases where the guardian is providing care for a person who is unable to manage their own affairs or make decisions on their own behalf. This person could be a minor, an incapacitated adult, or someone who is not mentally or physically able to make important decisions for themselves. If a court-approved agency is not involved, a guardian can also be appointed without a court order by filing a petition with the court. This petition should include information about the person who is seeking guardianship, including their relationship to the person in need of a guardian, and why they think they are the best choice to act as guardian. The court will then review the petition and make a decision about whether or not to approve the request. Therefore, in some cases, a guardian can be appointed without a court order in New Jersey, either through a will or legal document, by a court-approved agency, or through a petition to the court.
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