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.

Related FAQs

What is involved in establishing a guardianship?
How can a person become a guardian?
What are the rights of a ward?
Can a guardian be held liable for the actions of the ward?
Who is responsible for a guardian’s legal fees?
What is a conservatorship?
What are the duties of a guardian?
What is the difference between a guardian and a custodian?
How are guardianship decisions made?
What are the responsibilities of a guardian ad litem?

Related Blog Posts

Understanding Guardianship Law: What Do Parents Need to Know? - July 31, 2023
What Is a Guardianship and When Is It Necessary? - August 7, 2023
The Process of Establishing a Guardianship - August 14, 2023
What Are the Responsibilities of a Guardian? - August 21, 2023
Guardianship Law for Elderly Parents: What You Need to Know - August 28, 2023