(856) 439-6223When adults cannot make decisions or care for themselves, state law allows a court-appointed guardian to step in and manage their affairs. Guardians have important responsibilities when providing care for an incapacitated person.
Before becoming a guardian in Manalapan Township, a person seeking an appointment must follow certain procedural requirements and file supporting documentation with the court. Working with a knowledgeable guardianship attorney can help you ensure all court documents are filed correctly.
How to Initiate the Guardianship Process
To become a guardian in Manalapan Township, an individual must initially file a verified complaint in the state Superior Court requesting an appointment. Guardianship is sought for the alleged incapacitated person, or AIP.
The complaint must describe why the AIP is incapable of caring for themselves, request a court declaration of incapacitation, and formally request appointment as guardian.
State law provides for three types of guardianship under N.J. Rev. Stat. § 3B:12-25: guardianship of the person, the estate, or both. Guardianship of the person refers to providing for the AIP’s physical care, while guardianship of the estate refers to the management of the AIP’s financial matters.
The person seeking guardianship must also file ancillary documentation with the court, including certifications of the AIP’s assets and the guardian applicant’s criminal and civil case history. Having a criminal record does not automatically exclude a person from guardianship, but the court can consider this information when deciding on a guardian.
If the AIP does not already have an attorney, the court will appoint one to represent their interests. If the court approves the guardianship, it will issue a written judgment appointing the guardian.
The guardianship will officially begin once the guardian is qualified with the county surrogate where the AIP resides. The guardian must obtain qualification within 30 days of the judgment appointing them.
The guardian must adhere to certain obligations, such as filing periodic reports with the court about the incapacitated person’s well-being. Guardians of an estate must also file more detailed reports to update the court on the status of the estate’s assets.
Additionally, the guardian could be eligible for compensation, such as a percentage of income. It is important to keep thorough and accurate financial records while performing guardianship duties.
Providing Evidence of Incapacitation
To obtain court approval, the person seeking guardianship in Manalapan Township must prove to the court that the AIP is incapacitated. The state defines incapacitation in N.J. Rev. Stat. § 3B:1-2 as impairment due to:
- Mental illness
- Intellectual disability
- Physical illness or disability
- Substance abuse
An intellectual disability is defined as a significant subaverage general intellectual functioning combined with deficits in adaptive behavior that manifest during a person’s development period.
Among the documentation required when applying for guardianship, the complaint must also include a certification from a physician or psychologist. Specifically, a doctor or psychologist must examine the AIP and sign an affidavit certifying their condition.
A second certification is also needed to support the complaint. It can come from a second doctor or psychologist, a division of developmental disabilities program administrator or their designee, or a licensed care professional.
Guardianship Does Not Last Forever
Becoming a guardian in Manalapan Township is not an indefinite arrangement, as certain conditions or life circumstances can necessitate appointing a new guardian. N.J. Rev. Stat. § 3B:12-64 provides that a guardianship is terminated upon the death, resignation, or removal of a guardian, the death of the incapacitated person, or an entry of judgment declaring that the incapacitated person’s competency was restored.
In some cases, the incapacitated person’s family or relatives could have concerns about whether the guardian is fairly managing the estate. Any party impacted by the guardianship can file a motion requesting that the court review the guardian’s conduct or the guardianship in general. Courts retain the power to remove a guardian who failed to perform their required duties.
Some actions that could provide grounds for removal are failing to adhere to their reporting requirements, abuse, misallocating or stealing assets, or other types of fraud. It is important to remember that terminating a guardianship does not impact a guardian’s liability for their actions during the guardianship, such as fraud.
Speak with a Manalapan Township Attorney Today About Becoming a Guardian
Becoming a guardian in Manalapan Township comes with significant responsibilities and duties. The consequences for failing to follow these obligations can result in your removal as a guardian and can even lead to criminal charges.
Contact an attorney at Nesevich Law who can provide counsel when you are applying for guardianship. A lawyer can advise on your duties if you are already a guardian.