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 legally make decisions on behalf of a loved one, regardless if that person is incapacitated. 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 him or herself. A guardian is appointed by a court to act on behalf of an incapacitated individual. Otherwise, a loved one may be at risk when it comes to making decisions regarding his or her health, finances, education, legal matters, and other life decisions.
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 severe restriction placed on a person's independence. Our Firm can help you navigate the legal process that requires having the alleged incapacitated individual evaluated for a Guardianship and filing a Guardianship Complaint with the Court. There are also options for limited guardianships and conservatorships for individuals who are more independent.