When families of individuals with disabilities are planning for the transition to adulthood, it is important to consider legal status. This page provides information about the different options available and resources to guide a family through the process.
The NJ Judiciary is one of three branches of state government. This branch is constitutionally responsible for ensuring that legal disputes are resolved fairly to preserve the rule of law and protect the rights guaranteed by both the US and NJ constitutions. The NJ court system includes the Supreme Court, the Superior Court, the Tax Court, and the Municipal Courts.
duties include the probating of wills, appointing of estate administrators, , and adoptions.
If a person cannot or can no longer make or communicate safe or sound decisions for themselves or about their property, or they are susceptible to fraud, guardianship is a legal process that can be considered. Because establishing a guardianship may remove considerable rights from an individual, it should only be considered after alternatives to guardianship have proven ineffective or are unavailable. The NJ Superior Court can assign a to care for an adult who cannot care for themselves. Information regarding how to perform the duties of a guardian can be found in the
Types of Guardianship:
Steps to Guardianship:
The Civil Division, Superior Court, works with county surrogates in guardianship cases. The initial guardianship request is filed with the county surrogate's office. A then hears and decides on the case. If is determined, the court-appointed guardian must qualify with the county surrogate.
The NJ Courts Guardianship Monitoring Program tracks and reports guardian actions to help prevent abuse and neglect. The NJ Courts Guardianship Monitoring Program does this through qualified volunteers who review guardian reports and records to check for inconsistencies that could signal abuse.
Alternatives to Guardianship:
Allows the young adult to appoint an individual to make decisions on their behalf. The young adult must be able to understand that the appointed person will make the decisions and must be able to grant consent to do so.
Supported Decision-Making:
Maintains the young adult's decision-making ability with the assistance of an individual or individuals appointed by the young adult. Family members, friends, or professionals may be appointed to serve as their support in making decisions.
Planned Lifetime Assistance Network of NJ, Inc. (PLAN|NJ) is a nonprofit that provides guidance for people with disabilities and their families when planning for the future.