04. Guardianship Actions
At 18, all individuals reach the legal age of majority. In the eyes of the law, this means that family members can no longer make decisions legally on behalf of a loved one, regardless of the nature of that individual's disability. In New Jersey, the sole legal ground for seeking guardianship over another person is "incapacity." Families may want to consider guardianship as an option in instances where a loved one is incapable of caring for or making decisions on his or her behalf. A guardian is appointed by a court to act on behalf of an individual.
If your loved one has a disability that makes him or her incapable making important decisions, you will not be able to make decisions on his or her behalf. That means that your loved one may be at risk when it comes to making decisions regarding his or her health, finances and education.
Establishing guardianship is a legal process where family members can request that the Court remove the ability of an incapacitated adult to make important life decisions. It is a process that the Court takes seriously given the severity of the request. Our Firm can help you navigate the legal process that requires filing a Guardianship Complaint with the Court. There are also options for limited guardianships and conservatorships for individuals with disabilities who are more independent.