Unfortunately, New Jersey residents may one day face circumstances wherein they need to obtain guardianship of a spouse, parent, child or other loved one. The process can be fraught with tension and stress, but there are ways to ease the transition.
Learn more below about the types of guardianship recognized here in our state.
What are the two types of guardianship?
Here in New Jersey, the state recognizes two types of guardianship – of the person or of their property. In some circumstances, one person may have both guardianships over an individual or one person might have a guardianship of their person and another person or entity, e.g., a financial institution, of their property.
Types of guardianship of the person
Within that category are two sub-categories. The first is a general, or plenary, guardianship for those persons deemed unable to make any decisions on their own. This is the most restrictive form of guardianship and should only be used in the most severe cases of permanent incapacity, as it removes all self-determination.
A limited guardianship allows input from the person under the guardianship. The following areas are designated for limited guardianships:
- Educational
- Medical
- Financial
- Vocational
Some New Jersey individuals under guardianships may also own property, which then must be managed by the guardians.
Are there less restrictive options than guardianships?
There may be. It depends entirely on the individual’s circumstances. Appointing a power of attorney (POA) to manage their affairs may be possible. However, the person must be capable of understanding that they are choosing the appointee to make decisions for them. In cases of dementia, this can be crucial.
POAs can be appointed to manage the individual and/or their money and resources. Another difference between POAs and guardianships is that POAs are revocable, and guardianships can only be discharged by the courts.
