Detailed Answer
Step 1: Determine the Appropriate Proceeding
In New Jersey, you can seek guardianship to make personal and health‐care decisions for an incapacitated adult, or conservatorship to manage their financial affairs. See N.J. Stat. § 3B:12-1 et seq. for guardianship (link) and N.J. Stat. § 3B:17-1 et seq. for conservatorship (link).
Step 2: Consult Professionals and Gather Evidence
Before filing, meet with: a qualified attorney experienced in probate matters and at least one licensed physician. Obtain a written medical evaluation certifying the relative’s incapacity under New Jersey Court Rules 4:86-1 and 4:86-2. Collect:
- Detailed medical records.
- Personal and financial inventories.
- Names and addresses of close relatives and friends.
Step 3: File the Petition in Probate Court
Submit your petition to the Probate Part of the Chancery Division in the county where the incapacitated person resides. Include:
- A sworn petition outlining the reasons for guardianship or conservatorship.
- Medical certifications.
- A proposed order and, for conservatorship, a bond application.
- Filing fee (varies by county).
Serve notice on the proposed incapacitated person and all interested parties as required by N.J. Court Rule 4:86-3.
Step 4: Court Investigation and Hearing
The court appoints an investigator or guardian ad litem to interview the person and report on their needs. A hearing typically occurs within 60 days of filing. At the hearing, the judge reviews evidence, hears objections, and evaluates the suitability of the proposed guardian or conservator.
Step 5: Appointment and Ongoing Duties
If the court finds clear and convincing proof of incapacity, it issues an order appointing the guardian or conservator and issues Letters of Guardianship or Conservatorship. Ongoing obligations include:
- Filing annual reports on personal welfare (guardianship) or accounting on finances (conservatorship) under N.J. Stat. § 3B:12-25 or § 3B:17-16.
- Seeking court approval for major medical or financial decisions.
Helpful Hints
- Begin early: Guardianship proceedings can take several months.
- Keep detailed records of all communications and filings.
- Consider less restrictive alternatives (powers of attorney) before petitioning for guardianship.
- Attend patient and respectful hearings; the judge evaluates the best interests of the incapacitated person.
- Ask the court about mediation options if family members disagree.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in New Jersey for guidance on your specific situation.