How Does Guardianship Work in New Jersey?

Once a person is no longer able to take care of themselves, they can no longer execute a valid power of attorney. This is where a guardianship proceeding will come into play. If you have been appointed to act as a guardian or you are petitioning for this role, continue reading to discover how an experienced Monmouth County estate planning attorney at Margaret M. Mahon, Esq., LLC can help you appear favorable to the New Jersey courts.

What are the different types of guardianships in the state of New Jersey?

If you were granted guardianship of a person, this allows you to care for them when they become incapacitated or otherwise no longer able to make decisions for themselves. Also, there may be circumstances in which you are granted guardianship of a minor child, should anything happen to prevent both parents from raising them.

With that being said, the common types of guardianship in the state of New Jersey are the following:

  • General guardianship: you will have the power to make complete decisions in all areas of the individual’s life.
  • Limited guardianship: you will have certain powers that are determined by the court.
  • Guardianship of the property: you will have the power to manage bank accounts or pay bills for the individual.
  • Guardianship of the person: you will have the power to make decisions regarding the individual’s medical care, living arrangements, and other aspects of their everyday life.

What responsibilities does the New Jersey court expect me to fulfill with my guardianship?

When you are granted guardianship, you are typically responsible for ensuring that the individual has all of their basic needs met and that, overall, you are acting in their best interests. Often, you will be supervised by the New Jersey court to ensure that you are meeting all of the required duties you were entrusted with. With that, you must be prepared to answer any questions the court may have. Such questions may pertain to the following:

  • Are all of the individual’s bills and taxes being paid on time?
  • Are you ensuring that the individual is living in a safe environment?
  • Are you making an accurate inventory of all of the individual’s assets?
  • Are you following any specific instructions that the court gave you?
  • Are you storing receipts for all of the individual’s expenses?
  • Are you ensuring that all of the individual’s healthcare needs are being met?

If you have any further questions regarding your role as a guardian, do not hesitate in reaching out to a skilled Monmouth County estate planning & elder law attorney today.

Contact Our Red Bank, New Jersey Firm

If you need an effective attorney to assist you with matters of wills, trusts, and estates, or the taxes associated with them, contact Margaret M. Mahon, Esq. LLC today to schedule a consultation.