Guardianship Limitations in New Jersey

In New Jersey, a guardianship gives caregivers legal authority to make certain life decisions for vulnerable individuals, such as elderly adults or disabled children. While guardians can have broad decision-making authority, there are also restrictions on their powers and specific legal responsibilities they must uphold. Understanding the state’s guardianship laws is crucial before you become a guardian for a loved one. 

Keep reading to explore the advantages and disadvantages of guardianships and the limitations of a guardian’s authority in New Jersey. But keep in mind that every individual’s circumstances are unique. If you need personalized answers about guardianship, call or contact the Freehold, NJ guardianship attorneys at Susan Clark Law Group LLC for a free consultation.  

What Is a Guardianship?

The court appoints a legal guardian to make decisions about another individual’s property and personal care when it finds the person cannot make those choices independently. The person being cared for is known as a ward. The court establishes the boundaries of the guardian’s legal authority when it approves a guardianship petition. 

In New Jersey, a general guardianship can be granted if the ward is found to be totally incapacitated and cannot make any rational decisions for themselves. State courts can also award limited guardianships in situations where a ward can make some, but not all, of their key life choices. 

New Jersey Laws Regarding Guardianship

New Jersey guardianship laws dictate the power of the court to order a protective arrangement for incapacitated individuals. The state presumes all adults to be legally competent until shown otherwise. However, if a court finds that an individual needs someone else’s help to make reasonable decisions, the court can assign a guardian to oversee those choices.  

Keep in mind the ward cannot be declared incompetent just because they make unwise decisions. Many competent adults make careless choices. For a person to be considered incapacitated, they must display an inability to comprehend the consequences of their actions. 

In New Jersey, only certain individuals can qualify to become legal guardians. The law generally permits close family members of a minor or incapacitated adult to take on legal guardianship. However, non-relatives could potentially petition for guardianship with a court’s approval. 

New Jersey Court Rule 4:86 outlines the documentation required to become a legal guardian. Prospective guardians must file a complaint with the court outlining their reasons for believing the individual to be legally incompetent. This complaint should include basic contact details, information about the petitioner’s relationship with the allegedly disabled individual, and other relevant information. Along with the complaint, applicants for guardianship must submit various other affidavits and certifications. 

The courts take guardianships very seriously. Giving someone else control of another person’s financial, healthcare, and other decisions takes away their right to self-determination. For that reason, you must present substantial proof that the individual needs someone to supervise them. An experienced guardianship lawyer can collect the necessary information and present your case to the court. 

What is a Limited Guardianship in NJ? 

Sometimes, the court may find that an individual can partially manage their own affairs. In those cases, a limited guardianship can provide protection without being overly restrictive. 

A limited guardian can only make choices in areas the court finds the incapacitated person cannot manage on their own. For example, the court may decide the individual is incapable of managing their financial affairs but can make reasonable choices about where to live and go to school. In that case, the court may limit the guardian’s authority to extend only to making financial decisions that they believe are in the ward’s best interests. 

Benefits of Guardianship

Some of the primary benefits of guardianship include: 

• Stability – A legal guardian can give the ward the stability and security they need but cannot provide for themselves. 
• Legal authority – A guardian has the legal right to make personal, medical, and financial decisions for the ward that can positively impact the ward’s wellbeing. 
• Reduced possibility for conflict – A legal guardian has sole decision-making authority for the decisions specified under the terms of the guardianship. This arrangement reduces the potential for disputes between family members with differing opinions on the ward’s care.  

While a guardian does gain decision-making power for many aspects of a person’s life, New Jersey law aims to respect a ward’s basic freedoms and rights by leaving them with as much authority over their decisions as possible. 

Disadvantages of Guardianship

Guardianships come with disadvantages, too. These include: 

• Potential for disputes with the ward – Sometimes, the ward may disagree with your decisions as their guardian. Let’s say they feel you are overprotective or overbearing. They may decide to contest the guardianship, either to seek a new guardian or to reclaim their independence.
• Increased responsibility – In addition to caring for the ward, guardians have administrative duties, including maintaining accurate records of financial expenses and annually submitting these records to the County Surrogates Office. 
• Time commitment – Guardianship is probably not the best option for someone who is only temporarily providing care to an individual. A guardianship establishes a lasting legal obligation to care for the ward. Always think of a guardianship as a long-term commitment.

An adult can avoid being placed under a guardianship if they establish a durable power of attorney while they are of sound mind. A durable power of attorney gives a trusted individual the authority to make personal, financial, and legal decisions on the individual’s behalf if they become incapacitated. 

Talk to a New Jersey Guardianship Attorney

Are you considering a guardianship for a loved one? Learning the pros and cons of a guardianship can help you make the right decision for you and your family. Reach out to a New Jersey guardianship attorney at Susan Clark Law Group LLC today for a free case review. Call or contact us now.