[truthxbextold]

How do I go about getting guardienship over him and his affaires he is in a program he dislikes and he wants a change.he has ssi /medicaid.his program handled all his moneies so I don't have a clue were to start.please help!like housing and a phychiatrist and transpertation,I'm sort of lost.im in nj

[George_1950]

If you Google, "guardianship in New Jersey", you will get numerous web sites on this subject. Some of them have information about the subject you have asked.

[JudyKayTee]

There are two types of Guardianship: 1) Guardian of the Person, and 2) Guardian of the Property. The Guardian of the Person is in charge of making personal and medical decisions on behalf of a mentally incapacitated individual. The Guardian of the Property is in charge of making financial decisions on behalf of such an individual. Frequently, one person will serve as both Guardian of the Person and Guardian of the Property. However, more than one person can serve as Guardian. As such, situations can arise when one person can serve as Guardian of the Person and another can serve as Guardian of the Property. Also, there can be Co-Guardians where two or more individuals will have equal authority over both personal and medical matters and financial matters.



How to Become a Guardian



In order to become a Guardian, a petition must be filed with the Superior Court, which is located in the County where the mentally incapacitated individual is domiciled. The paperwork to establish a Guardianship is filed in the Surrogates Office and is heard before the Judge who presides over the Probate Part of the Chancery Division.



Although any responsible adult may serve as a Guardian, there is a State statute, which designates a priority of who can serve. The first person who has the right to serve as a Guardian is the mentally incapacitated individuals spouse. If a spouse is unable or unwilling to serve, an adult child may serve. Afterwards, the State statute details priority as to parents, siblings, and more distant relatives and/or friends.



Three documents must be filed with the court in order to start a Guardianship. They are a Verified Complaint, Affidavit as to Estate, and Order to Show Cause. The Verified Complaint is the centerpiece of the papers, which must be filed. The Complaint must contain a variety of information including the health and limitations of the alleged incapacitated individual, a list of the names and addresses of immediate family members, and a statement as to the need for a Guardianship. The person who is filing this Complaint must sign the Complaint personally to affirm that the facts in the Complaint are accurate. More importantly, the Complaint must be accompanied by two Certifications from physicians who have examined the mentally incapacitated individual. These Certifications must be based upon examinations that occurred no longer than thirty (30) days prior to the filing of the Complaint.



The Affidavit as to the Estate details the income, assets and liabilities of the mentally incapacitated individual. The Order to Show Cause is a document which the Judge executes that sets forth: 1) a date for hearing at which the Guardianship will most likely be established, 2) the names of addresses of the individuals who must be notified of the proposed Guardianship, and 3) the appointment of an independent attorney to represent the interests of the alleged mentally incapacitated individual.



After the hearing date has been established, notices to interested family members about the hearing are sent via certified and regular mail. The mentally incapacitated individual is served as well. He or she is served personally. The court appointed attorney visits with the mentally incapacitated individual to determine whether he or she is indeed incapacitated, and to annunciate any reasonable wishes from his or her client. This attorney will frequently meet with the petitioning family member as well. After the attorneys visit, he or she usually files a report with the court indicating that the Guardianship is appropriate. If the individual may actually be competent or that the person who wants to be Guardian is not an appropriate choice, that attorney may file an Answer Contesting the Guardianship Complaint.



After some routine paperwork is filed with the court, a hearing is set. The requirements for the hearing vary considerably from county to county. In some counties, neither the attorneys nor the proposed Guardians need to attend if the matter is uncontested. In most counties, the presence of the attorney and clients is required. In most counties in Southern New Jersey, the petitioning attorney and the court appointed attorney merely ratify the Complaint before the Judge, and the Judge grants the Guardianship. In Central and Northern New Jersey, however, live testimony is taken from the proposed Guardian as to the medical condition of their proposed ward and their desire to be Guardian.



After a Guardianship has been granted, the proposed Guardian needs to execute Qualification Forms before the Surrogate. Afterwards, the Guardian will be issued Letters of Guardianship. In most cases, the Guardian will also need to acquire a bond, which ensures against potential mismanagement or abuse of the mentally incapacitated individuals assets.

Guardianship