Sussex County Guardianship Lawyers

When a loved one is unable to make personal or financial decisions due to age, disability, or incapacitation, guardianship can be an important legal tool for protecting their well-being. Guardianship is a court-supervised process through which an individual is appointed to make decisions on behalf of someone who cannot make those decisions independently. At Gruber, Colabella, Thompson, Hiben & Montella, we guide families through the process of establishing guardianship in Sussex County and throughout New Jersey. Whether you are seeking guardianship of a minor child or an incapacitated adult, you can depend on our lawyers to provide the legal knowledge and compassionate support you need. Contact us today.

Guardianship in New Jersey

Guardianship is a legal arrangement created by a court, granting one person (the guardian) the authority to make certain decisions for another (the ward). Guardianship can apply to both minors and adults, but the laws, procedures, and required documentation vary depending on the situation.

Guardianship of a Minor typically becomes necessary when a child’s parents are unable or unavailable to care for them. This may occur due to death, incapacity, substance abuse, incarceration, or other circumstances that prevent a parent from fulfilling their responsibilities. In such cases, a court-appointed guardian assumes legal responsibility for the child’s care, including decisions about education, healthcare, and daily living.

On the other hand, Guardianship of an Incapacitated Adult involves a legal determination that the adult is unable to manage personal, financial, or medical affairs due to mental or physical limitations. This might include individuals suffering from dementia, developmental disabilities, or severe mental illness. In these situations, a guardian may be granted full or limited authority depending on the extent of the adult’s incapacity.

Importantly, New Jersey recognizes different types of guardianship. A guardian of the person is responsible for personal and healthcare decisions. A guardian of the estate manages the ward’s finances and property. In many cases, the same individual serves both roles, but the court may also appoint separate people for each function.

The Process for Establishing Guardianship in NJ

In New Jersey, guardianship is not something that can be granted informally. It requires formal legal proceedings, including a petition to the Surrogate’s Court in the county where the alleged incapacitated person resides. In Sussex County, this means filing with the Sussex County Surrogate’s Court and adhering to strict procedural requirements.

For minor guardianship, the process typically begins with the proposed guardian filing a petition. This includes explaining why guardianship is needed, providing background on the minor’s current situation, and identifying other interested parties such as surviving parents or relatives. The court may schedule a hearing, and notice must be provided to the child’s parents or other legal guardians. In some cases, especially where there is no parental objection, the process may proceed relatively quickly.

If the minor is over the age of 14, New Jersey law allows them to express a preference for who they want to serve as guardian, though the court is not bound by this request.

In contrast, obtaining guardianship of an incapacitated adult is a more extensive process. First, the proposed guardian must file a Verified Complaint and Order to Show Cause, along with two affidavits from physicians or licensed psychologists who have recently evaluated the individual. These reports must document the extent of the person’s incapacity and recommend whether guardianship is appropriate.

Once filed, the court will appoint an attorney to represent the alleged incapacitated adult (known legally as the alleged incapacitated person or AIP). The attorney is tasked with meeting the AIP, reviewing medical documentation, and submitting a report to the court outlining whether guardianship is in the individual’s best interest.

The court hearing is typically scheduled within a few weeks, and all interested parties must receive notice. During the hearing, the judge will review all submitted evidence and testimony. If the court finds clear and convincing evidence that the person cannot manage their affairs, it will appoint a guardian. The guardian must then file a bond (in some cases) and may be required to submit periodic reports detailing the ward’s condition and how decisions are being made.

It is worth noting that New Jersey courts favor the least restrictive means of intervention, so alternatives such as powers of attorney or conservatorships may be considered before guardianship is granted. However, when a person lacks the mental capacity to make such arrangements, guardianship is often the only viable legal solution.

Key Responsibilities for Guardians

Becoming a guardian carries significant legal and ethical responsibilities. Guardians are considered fiduciaries, meaning they must act in the best interests of the person they are appointed to serve. In practice, this involves a range of duties depending on whether the guardian has authority over the person, the estate, or both.

For guardians of minors, this means ensuring the child has access to proper education, healthcare, and a safe, nurturing environment. In some cases, the guardian may be entitled to receive financial assistance or child support, but they must keep accurate records and use funds solely for the minor’s benefit.

Guardians of incapacitated adults may be tasked with managing income, paying bills, arranging medical care, making housing decisions, and interacting with social service agencies. All financial decisions must be documented, and the guardian must submit annual reports to the court for review.

It’s also important to recognize that guardianship is not necessarily permanent. In the case of minors, guardianship ends when the child turns 18 unless extended by the court for special reasons. For adults, if the ward’s condition improves or if a less restrictive alternative becomes available, a petition can be filed to modify or terminate the guardianship.

For assistance with any aspect of the guardianship process, please don’t hesitate to speak with our knowledgeable family lawyers today.

Contact Our New Jersey Guardianship Lawyers

At Gruber, Colabella, Thompson, Hiben & Montella, we help clients in Sussex County and beyond understand their rights and responsibilities, prepare necessary documentation, and represent them in court proceedings from start to finish. If you are considering guardianship for a loved one, we invite you to schedule a consultation. Our experienced Sussex County guardianship lawyers are here to help you through each step of the process. Contact us today.