Several scenarios most commonly call for a Guardianship proceeding including the following:
1. An individual who formerly had capacity but later became incapacitated, and the individual never appointed an attorney in fact in a durable power of attorney (for example, a person who in later years suffers from dementia, but has not executed a durable power of attorney);
2. An individual with a disability is nearing 18 years (for example, a disabled minor child is 17 l/2 years old); or
3. An individual who is a chronic abuser of drugs and/or alcohol.
Guardianship proceedings allow an appointment of a temporary Guardian, while the process is in the works. While this appointment usually lasts 45 days, an extension can be requested. A temporary appointment should be considered so as to minimize gaps in decision-making. N.J.S.A. 3B:12-24.1(c) et seq.
