When your child approaches the age of 18 and has a physical or mental disability that will prevent them from being able to provide for themself or make the decisions about their life that adulthood requires, a NJ guardianship may be necessary to protect them.
What is a NJ guardianship?
Guardians are appointed by a court for a person who lacks the capacity to care for themselves. The guardian is given the legal authority to make those decisions the person cannot. The guardian is responsible to make sure that the person is receiving any available benefits and resources, and has appropriate housing and care. Information on services available from the state is found on the NJ Division of Disability Services website.
When a child with a developmental disability turns 18, it is usually one or both parents who are appointed the initial guardian. The parents then can continue to take care of their child as they have been doing. When you apply for guardianship, the court will review your child’s condition, their ability to take care of themselves, and the suitability of the person or persons applying for guardianship. The court will also consider whether there are any areas in which the child can properly make their own decisions, and any guardianship will be limited to areas in which the guardianship is truly needed.
When does a guardianship end?
Guardianship continues until the person becomes able to care for themself, or until the end of their life. When the original appointed guardian(s) can no longer serve, a successor guardian will be appointed by the court. This can be another family member or friend who requests to be appointed, or the court will appoint a professional guardian if no other appropriate person is available.
Get started
Get more information on whether a guardianship is right for your child. Contact us to talk with a New Jersey guardian lawyer about your situation. A northern NJ guardianship lawyer from Parker Counsel Legal Services can help you.
Contact us at 833-RED-BOOT (833-733-2668) or legal@parkercounsel.com to schedule a short phone call with a New Jersey guardianship attorney to see how we can help you. Or go here to Schedule a short informational call.