INFORMATION FOR
What is a guardian: A person appointed by a court that acts on behalf of a person to ensure that the person’s health, safety and welfare needs are met and that his or her rights are protected. The duties of a guardian also include making decisions on behalf of the individual and giving informed consent.
When should guardianship be considered: At age 18, every person, regardless of disability, is considered an adult. Parents may no longer make any decisions on behalf of their children. An individual may need a guardian if the individual cannot give informed consent concerning significant matters.
What is informed consent: Informed consent means the individual can agree for something to occur or not occur and fully understand the consequences and risks associated with that decision.
Types of guardianship:
Many individuals are capable of making their own decisions, with appropriate support and advice, and do not need a guardian.
Alternative to guardianship:
Benefits of POAs:
Types of POAs:
General: Allows the parent or other appointed person to make or help make financial decisions.
Health Care: Allows the parent or other appointed person to make or help make decisions regarding healthcare or medical treatment.
Application for guardianship of the person only: https://www.njcourts.gov/forms/12009_guardianship_person.pdf
Application for guardianship of the person and their estate: https://www.njcourts.gov/forms/10558_guardianship_person_and_estate.pdf
SCARC Guardianship Services -Supports families in Sussex, Hudson, Morris, Passaic and Warren counties. www.scarcguardianship.org/pro-se-legal-advocacy
Guardian Assistance Services www.gapservices.org
Attorney-assisted: Hire an attorney experienced in guardianship cases.
What happens after the application is submitted:
How long does guardianship last: Guardianship never expires but the guardian does need to file a report annually with certain information. If guardianship becomes no longer necessary, it can be removed by the court.