The SJLS Guardianship Project for Children was started as a solution to a pervasive problem facing many parents who have children with disabilities. Typically, parents with a disabled child are confronted with the possibility of needing a guardianship as their child approaches the age of 18. Once a child turns 18 years of age, parents no longer have the ability to make decisions for their children and the parents are often forced to file for guardianship. This process can be a significant expense for most parents, who likely already have substantial expenses associated with caring for their child. Through this Project, volunteer attorneys assist low-income parents to obtain a guardianship for their children who soon will reach the age of 18.
At this initial review, the intake unit will decide if you are financially eligible to participate in The SJLS Guardianship Project for Children. An intake staff member will ask for information about your income, family size, assets and the reason for which you are seeking help. All of the information that you share will remain confidential. If you are financially eligible, we then decide whether your case is one for which we can provide representation based on our board guidelines. If the case is one which we cannot handle or which we are unable to handle at the present time, we will attempt to refer you to an organization which will provide assistance.
Yes. This Project, however, only seeks to obtain General Guardianships over the alleged incapacitated person.
• Limited Guardianship – when some but not all decisions involving education, medical treatment, financial matters must be made for an incapacitated person.
• General Guardianship when an incapacitated person is incapable of making any decisions on his or her own.
In New Jersey, a verified complaint must be filed setting forth information about the alleged incapacitated person. Affidavits of two physicians must accompany the complaint or, if the person for whom guardianship is sought is eligible for and/or receiving services from the Division of Developmental Disabilities (DDD), the affidavit of one physician and one other affidavit (such as the person’s IEP) is sufficient. The specific rules regarding the required documents are found in New Jersey Court Rule 4:86-2 and 4:86-10. See also New Jersey Courts Guardianship Self-Help page.
The county surrogate court will appoint counsel (a Guardian Ad Litem or GAL) for the alleged incapacitated person. This attorney will personally interview the alleged incapacitated person and make inquiry of persons having knowledge of that person’s circumstances, his or her physical and mental state and his or her property. Counsel will then file a report of his or her findings with the court. A hearing will be held during which the court will determine the issue of incapacity and whether a guardian should be appointed.