Guardianship of the Person vs. Guardianship of the Estate
New Jersey courts may establish a guardianship for individuals who cannot make reasonable decisions regarding their health, welfare, legal rights, or finances. In a guardianship arrangement, a person or agency is empowered to make decisions on behalf of an individual who is declared legally incapacitated by the court. Guardianships may be ordered to protect minors, physically or mentally disabled individuals, or the elderly.
Questions about the guardianship process in New Jersey? Turn to Susan Clark Law Group LLC for answers. With over a century of combined experience, our attorneys have dedicated their careers to protecting the rights and interests of those who cannot defend themselves. NJ guardianship attorney work tirelessly to assist families with reaching the best possible solutions for their loved ones.
Call or contact us today for a free consultation with an experienced NJ guardianship lawyer.
Understanding Guardianship in NJ
A guardianship is a court-appointed relationship in which a person or an agency is authorized to make personal and/or financial decisions on behalf of an individual who cannot make those decisions for themselves. Guardianships come in one of two forms: a guardianship of the person and a guardianship of property or of the estate.
What Is Guardianship of the Person?
A guardianship of the person is a guardianship where a person or agency is appointed by a court to handle the personal affairs of someone who has been designated by the court as legally incapacitated. The appointed guardian is responsible for protecting the incapacitated person’s health, safety, and welfare.
A guardianship of the person can come in one of two forms:
- General guardianship ― In a general guardianship, the person subject to the guardianship has been found by the court incapable of making or expressing any decisions regarding their person, rights, health, safety, and welfare. In a general guardianship, also known as a plenary guardianship, the guardian has the authority to make all non-financial legal and personal decisions on behalf of the individual.
- Limited guardianship ― A limited guardianship may be ordered when a person lacks the capacity to make some, but not all, life decisions. Limited guardianships may cover six categories of decisions: educational, medical, legal, vocational, residential, and financial choices.
What Is Guardianship of Property?
A guardianship of property, also called a guardianship of the estate, may be ordered by the court for a person who has been deemed incapacitated for making decisions regarding their finances and property. A guardian in a guardianship of the estate is authorized to manage the financial affairs of the subject of the guardianship, including income, real property, stocks, bonds, and other securities.
Role of the Guardian of the Person for Minors and Adults
Because a guardian of the person has the authority to make medical, legal, and personal decisions for the subject of the guardianship, they have serious responsibilities and expectations in their role.
Responsibilities, rights, and expectations
Expectations and obligations of a guardian of the person include:
- Becoming familiar with the terms of the court order, especially where the court has ordered a limited guardianship
- Developing a plan to provide the necessary support and services for the protected person
- Listening to the preferences of the protected person and seeking to meet those preferences to the extent they do not harm their rights, health, welfare, or safety
- Encouraging the individual to participate in the decision-making process to the furthest extent possible given their limitations
- Exercising general responsibility for the person’s care, custody, and maintenance
- Making decisions and taking action in the best interest of the protected person and consulting the court for guidance if there are conflicts
- Regularly reporting to the court, typically once a year
Role of the Guardian of the Estate for Minors and Adults
The role of a guardian of the estate is to ensure that the financial and property affairs of a protected person are properly managed. This ensures that their income and assets are not dissipated, misused, or wasted and that their needs are met by ensuring that their bills and ordinary expenses are paid.
Responsibilities, rights, and expectations
Responsibilities and duties of a guardian of the estate include:
- Reviewing the terms of the court’s guardianship order
- Gathering and protecting the assets of the protected person’s estate, including preparing and filing an inventory after entry of the court’s judgment of guardianship
- Obtaining letters of guardianship and short certificates to evidence the guardian’s legal authority to administer the protected person’s assets
- Obtaining a surety bond or insurance policy to cover the value of the estate, if ordered to do so by the court
- Applying for a separate tax identification number and opening bank accounts for the guardianship
- Retitling assets (such as real property or vehicles) in the name of the guardianship
- Advising all service providers to direct bills and invoices to the guardian’s address and attention
- Consulting with accountants or financial advisors to manage the assets of the estate
- Keeping records of the guardianship’s transactions
- Periodically reporting the activities of the guardianship to the court, usually every 12 months
- Taking actions and making decisions in the protected person’s best interest, including consulting with the individual to understand their preferences if possible
Talk to a NJ Guardianship Attorney
Becoming a legal guardian is an important decision. It’s a good idea to get guidance from an experienced NJ guardianship attorney before taking any action on your own. Call the Freehold lawyers at Susan Clark Law Group LLC today for a free case review. We’ll explain the process and discuss the appropriate solutions for you and your family.
