NJ Guardianship Law – What If You Became Incapacitated?

When most people are asked what a guardian is they are most likely to respond with some version of an individual who is assigned to care for a child or adolescent whose parents are dead or incapable of caring for the child.  Child guardians are often the first example that comes to mind.  However, there is more to guardianship than just this.

New Jersey guardianship can refer to children, disabled people of any age, or any care for an elder.  Guardianship is when the court appoints a child or an incapacitated individual, referred to as the “ward”, to another person, called the “guardian.”  The guardian is responsible for caring for the ward’s financial responsibilities, personal health, and housing.

In the original example, where a child became the ward of an adult acquaintance, the parents may have failed to plan for the worst-case scenario in regards to their untimely death.  The easiest way to avoid this situation is to make sure you have a plan for the children described in your Will. 

Sadly, people are killed in traffic accidents, work related accidents, murder and even by unexpected health problems.  If you do not have a Will or need to have it reviewed to include considerations for your children, contact guardianship attorneys in New Jersey to get this rectified.

Another example where a guardianship is needed is when the primary income earner failed to plan for incapacity.   If you don’t have a Power of Attorney for financial decisions in place, then your spouse or child will undergo unnecessary expense, delays and frustration, trying to arrange for payment of debt or nursing home care. 

Another important document to have in place is the Living Will. This document defines what kind of medical treatments are agreeable with the individual should they become incapacitated.  An individual may have a stroke, become comatose or require mechanical assistance to continue breathing.

The Living Will gives guidance on what actions the medical facility can take.  In most situations, having the financial Power of Attorney and Living Will in place prevents the court from having to assign guardianship over the incapacitated individual. 

Regaining Child Custody

If you are trying to regain custody of your children who have been put into a guardianship, then you are going to need to team up with experienced guardianship attorneys in New Jersey.  The courts have made it very tough for parents to regain custody.  

NJ guardianship law also protects wards from unscrupulous guardians.  If you suspect a loved one is being taken advantage of by a guardian, seek guidance from an experience attorney in New Jersey guardianship.