If you are considering seeking a guardianship of an individual or have been named as an interested party to such an application, it’s crucial that you understand the types of guardianship that exist in the State of New Jersey. This knowledge will empower you to make informed decisions. In general, there are two main types of guardianship: general guardianship and limited guardianship.
General Guardian
If, after a hearing on the merits, the court finds that an individual is incapacitated as defined by the guardianship statute and cannot govern himself or manage his affairs, the court may appoint a general guardian who shall exercise all rights and powers of the incapacitated person. In essence, the general guardian steps into the shoes of the incapacitated person and may manage all affairs for the incapacitated person. The general guardian shall be required to post a security with the court unless the guardian is relieved from doing so by the court. Once installed as general guardian, the guardian shall make all decisions for his ward in managing the incapacitated individual’s healthcare and financial affairs.
Limited Guardian
Should the court conclude after a hearing that the individual is incapacitated and cannot do some, however, not all of the tasks necessary to care for himself, the court may appoint a limited guardian of the person, a limited guardian of the estate, which relates the financial affairs of the individual, or a limited guardian of both the person and estate. When a court finds that a limited guardianship is appropriate, the tribunal must make specific findings on the record concerning the individual’s capacity. Furthermore, the court must also establish which areas, such as residential, educational, medical, legal, vocational, and financial decision-making, which the incapacitated retains sufficient capacity to manage. The judgment of limited guardianship may either specify the limitation of the authority of the appointed guardian or, alternatively, it can set forth the areas of decision-making that the incapacitated individual retains. In the context of a limited guardianship, the court has substantial discretion to tailor the limited guardianship scope, which best serves to assist the incapacitated individual while allowing them to retain as much autonomy as possible. As such, the scope of a limited guardianship is carefully tailored on a case-by-case basis to best suit the needs of the incapacitated individual.
While this blog discussed the types of guardianship available, the process of obtaining a guardianship is a separate topic that will be discussed in other blogs. As such, if you plan on seeking a guardianship for someone or you are an interested party to such a proceeding, it is always suggested that you consult with competent legal counsel.
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