To get guardianship of an adult in New Jersey, you file a verified complaint in the Superior Court, Chancery Division, Probate Part, supported by certifications from two doctors or a doctor and a psychologist who examined the person within 30 days. The court appoints an attorney for the person, holds a hearing, and, if it finds incapacity, issues Letters of Guardianship. The process commonly takes two to four months.
Families usually start this process in one of two situations.
An aging parent has dementia or has suffered a stroke and can no longer manage money or medical decisions. Or a child with special needs is turning 18, and parents lose legal authority on that birthday.
The Legal Framework
Adult guardianship in New Jersey is governed by N.J.S.A. 3B:12-24 and the following sections, along with Court Rule 4:86.
In Bergen County, cases are filed in the Superior Court in Hackensack and processed through the Bergen County Surrogate’s Office.
Step by Step: The Guardianship Process
| Step | What Happens |
|---|---|
| 1. Medical certifications | Two physicians, or a physician and a licensed psychologist, examine the person and complete certifications within 30 days of filing. |
| 2. Verified complaint | The petitioner files a verified complaint describing the person’s condition, assets, and family. |
| 3. Order fixing a hearing | The court sets a hearing date and appoints an attorney to represent the alleged incapacitated person. |
| 4. Court-appointed counsel review | That attorney meets the person, reviews records, and reports to the court. |
| 5. Notice | Family members and other required parties receive notice. |
| 6. Hearing | The judge decides incapacity and who should serve as guardian. |
| 7. Qualification | The guardian completes required training and background checks, then receives Letters of Guardianship. |
NJ Guardianship Forms
The main documents include the verified complaint, the physician and psychologist certifications, a proposed order fixing a hearing, and a proposed judgment.
The New Jersey Courts website and the Surrogate’s office provide forms and instructions. Getting the certifications right is critical, because incomplete medical findings are a common reason cases stall.
Types of Guardianship
| Type | What It Covers |
|---|---|
| General guardianship | Authority over most personal and financial decisions |
| Limited guardianship | Authority only over specific areas where the person needs help |
| Guardian of the person | Medical, residential, and personal decisions |
| Guardian of the property | Finances, assets, and income |
New Jersey courts favor the least restrictive option. A young adult with special needs may keep some rights while a guardian handles others.
After Appointment: Reporting Duties
Guardians must file periodic reports with the court.
A guardian of the person typically reports on the individual’s well-being. A guardian of the property must account for income, expenses, and assets.
How Much Does Guardianship Cost?
Costs include filing fees, physician certification fees, attorney fees for the petitioner, and fees for the court-appointed attorney.
Total costs commonly range from a few thousand dollars for an uncontested case to considerably more if family members object. People often pay court-appointed counsel fees from their assets.
Timeline
An uncontested adult guardianship often takes about two to four months from filing to appointment. Contested cases take longer.
A Simpler Path: Planning Ahead
Guardianship is often avoidable.
A durable power of attorney and a health care proxy, signed while a person still has capacity, let trusted family members act without court involvement. For parents of a special-needs teenager, planning before age 18 may allow supported decision-making tools or a timely limited guardianship.
Frequently Asked Questions
How do I get guardianship of a parent in NJ?
File a verified complaint in the Superior Court, Probate Part, with two medical certifications, then attend the hearing.
How long does guardianship take in New Jersey?
Often two to four months for uncontested cases.
How much does guardianship cost in NJ?
Commonly a few thousand dollars or more, including filing, medical, and attorney fees.
Do I need guardianship when my special-needs child turns 18?
Often, unless other legal tools are in place. Plan before the 18th birthday.
Can a power of attorney avoid guardianship?
Yes, if it was signed while the person still had capacity and covers the needed decisions.
Talk to Banks Law Firm
Banks Law Firm helps families in Ridgewood, Upper Saddle River, and throughout Bergen County with guardianship and planning to avoid it.
When you call, attorney Patrick V. Banks’s office will ask about your loved one’s condition, existing documents, and family situation, then explain whether guardianship is needed and what the process will involve. Visit Banks Law Firm to get started.
