Tiboni & Tiboni LLP

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Guardianship
In New Jersey, a legal guardian may be established over a person that is a minor, mentally incapacitated, disabled, or is suffering from severe dementia. A guardian is appointed by a New Jersey Chancery Division Probate Court to manage the financial and/or medical and personal affairs of an individual – often referred to as the “alleged incapacitated person.” As a court-supervised process, it is a public proceeding. In order to commence a Guardianship Proceeding, the Petitioner must have two physicians certify that the alleged incapacitated person is unable to manage their person and property. Upon the filing of the Order to Show Cause for the appointment of a Guardian, the Court appoints an attorney for the alleged incapacitated person. At that point, a hearing is held to determine whether the alleged incapacitated person is actually incapacitated and in need of a Guardian. Once appointed, there are various duties imposed on the guardian to not only oversee the ward’s care, but to also account for the individual’s property in regular reports to the court.

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