McNeely McGuigan & Esmi LLC

Where family matters
856-439-0057
  • Home
  • Our Attorneys
  • Practice Areas
    • Family Law
    • Probate & Estate Administration
    • Guardianships
    • Estate Planning
    • Elder Law
    • Immigration Law
    • Mediation
  • Blawg
  • Contact Us

March 15, 2012 by Rebecca Esmi

Guardianship: Court-granted surrogate decision-making for an incapacitated person

A guardianship is a legal action whereby a third person with standing is authorized by the Court to make decisions for an incapacitated individual. The legal test for incapacity is the inability to govern oneself or manage one’s affairs. N.J.S.A. 3B:1-2. It may apply to individuals with physical or mental illness or disability, as well as those who are chronic substance abusers. In New Jersey, the action is brought in the county Chancery Court, Probate Part.

The Guardian is that third person once vested with the court’s authority to decide, while the adjudicated incapacitated person is called the Ward. The authority granted may be full or limited, depending upon the capabilities of the Ward. For example, if a Ward needs help solely with his or her finances, a limited Guardianship for this specific purpose is warranted. Limited Guardianships should be employed to ensure self-determination as feasible. However, should a Ward be fully incapacitated, then a full Guardianship may be warranted.

A proceeding for third-party decision-making authority may be involuntary (Guardianship) or voluntary. A voluntary proceeding is called a Conservatorship, but in reality, it is rarely seen perhaps because of the flexibility of Guardianships.

Filed Under: Disabilities and Elder Law, Estate Planning and Estate Administration, Family Law Tagged With: decision-making, disabilities, disabled, guardian, incapacity, legal, Ward

Recent Posts

  • Fiduciary — does this apply to you?
  • Really — is REAL ID coming to New Jersey?
  • The importance of managing stress — especially during the holidays
  • Penny-wise and pound-foolish: costly strategy in estate planning
  • Two year rule waiver option: Hardship

Categories

  • All About Immigration for Investors and Others
  • Business
  • Disabilities and Elder Law
  • Estate Planning and Estate Administration
  • Family Law
  • International
  • Physician Immigration
  • Uncategorized

Free Consultation
for Military Personnel

We accept Visa, MasterCard and Discover.

© McNeely McGuigan & Esmi, LLC.
All Rights Reserved.

Disclaimer

Website by Blue Kite Web Solutions LLC.

Copyright © 2023 McNeely McGuigan Esmi LLC.  All Rights Reserved.  Website by Blue Kite Web Solutions LLC..

Copyright © 2023 · Executive Pro Theme on Genesis Framework · WordPress · Log in