Guardianship of a Child or Adult in New Jersey

One route for relatives and other caregivers is kinship legal guardianship. The court appoints a kinship legal guardian only on clear and convincing evidence that each parent's incapacity makes the parents unable, unavailable or unwilling to care for the child, that this is unlikely to change in the foreseeable future, and that the guardianship is in the child's best interest; parental incapacity alone is not enough, and the parents must receive proper notice. The court considers a caregiver assessment, background checks, the parents' wishes, and the wishes of a child 12 or older. A kinship legal guardian has a parent's rights for care, medical, school and similar decisions, but cannot consent to adoption or a name change.

Adult guardianship cases are filed with the county Surrogate in the county where the alleged incapacitated person lives and heard in Superior Court. In a standard case the application includes certifications from two professionals (a physician plus a second physician or psychologist) who personally examined the person within 30 days of filing; for a person eligible for Division of Developmental Disabilities services, the Judiciary lists a $200 fee and allows an examination within six months of filing. The court assigns a lawyer for the alleged incapacitated person. If the court finds the person incapacitated and without capacity to govern himself or herself and manage his or her affairs, it may appoint a general guardian; if the person lacks capacity for some but not all tasks, it appoints a limited guardian and must make specific findings on the areas of decision-making the person keeps.