New Jersey Guardianships
A guardian is a person or agency appointed by the Court to act on behalf of an incapacitated person. A guardianship may be sought for an adult child with developmental disabilities, a minor child whose parents are unable to care for, or an aging parent who is no longer able to care for them. A guardianship is a last resort for caring for a family member, as it removes the individual's right to make their own decisions regarding their finances and/or personal care.
A guardian in New Jersey has many legal obligations to the ward, or the person over whom they have guardianship. A guardianship may be granted over a ward's person, which means the guardian is responsible for the personal care of the ward, or over the ward's estate, which means the guardian is responsible for the ward's finances. If an individual has been appointed guardian over a ward's person, and another is appointed guardian over the ward's estate, all of the ward's estate received by the guardian of the person in excess of those funds expended to meet current expenses for support, care, and education of the ward must be paid to the guardian of the estate. The guardian of the person must also account to the guardian of the estate for funds expended. Both guardians of the person and of the estate must make regular reports to the Court. A guardian of the person must report on the ward's mental and physical health, living arrangements, medical and educational services received visits and activities, and plans for future care. A guardian of the estate must report all financial activity. A guardian of the estate may make expenditures for the support, maintenance, education, general use and benefit of the ward and the ward's dependents, ‚¬"in the manner, at the time or times and to the extent that the guardian, in an exercise of a reasonable discretion, deems suitable and proper,‚¬ and is required to take into account the Prudent Investor Act. The Act governs a fiduciary's investment and management of trust assets.
A guardian is responsible for protecting the ward from physical, mental, and/or financial harm, helping the ward to regain a higher capacity, and obtaining all needed services and benefits for the ward. A guardian should gather as much information as possible and involve the ward and the ward's family in any decisions. Because a guardianship removes a ward's right to make his or her own decisions, it should only be sought when clearly necessary, and only to the extent that is required to protect the individual from harm.
Sources:
N.J. Stat. 3B:12-40, 3B:12-43
A guardian in New Jersey has many legal obligations to the ward, or the person over whom they have guardianship. A guardianship may be granted over a ward's person, which means the guardian is responsible for the personal care of the ward, or over the ward's estate, which means the guardian is responsible for the ward's finances. If an individual has been appointed guardian over a ward's person, and another is appointed guardian over the ward's estate, all of the ward's estate received by the guardian of the person in excess of those funds expended to meet current expenses for support, care, and education of the ward must be paid to the guardian of the estate. The guardian of the person must also account to the guardian of the estate for funds expended. Both guardians of the person and of the estate must make regular reports to the Court. A guardian of the person must report on the ward's mental and physical health, living arrangements, medical and educational services received visits and activities, and plans for future care. A guardian of the estate must report all financial activity. A guardian of the estate may make expenditures for the support, maintenance, education, general use and benefit of the ward and the ward's dependents, ‚¬"in the manner, at the time or times and to the extent that the guardian, in an exercise of a reasonable discretion, deems suitable and proper,‚¬ and is required to take into account the Prudent Investor Act. The Act governs a fiduciary's investment and management of trust assets.
A guardian is responsible for protecting the ward from physical, mental, and/or financial harm, helping the ward to regain a higher capacity, and obtaining all needed services and benefits for the ward. A guardian should gather as much information as possible and involve the ward and the ward's family in any decisions. Because a guardianship removes a ward's right to make his or her own decisions, it should only be sought when clearly necessary, and only to the extent that is required to protect the individual from harm.
Sources:
N.J. Stat. 3B:12-40, 3B:12-43
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