New Jersey Guardianship And Conservatorship Legal Questions

In New Jersey, a child becomes an adult at the age of 18, and all parental rights transfer to the child upon reaching this age of majority. Once you're 18, your parents cannot make any legal decisions for you. This includes where you want to live, whether you want to go to school, where you want to work, or who you date. Teenage years can be a very challenging and confusing time. Just know you're not alone in your predicament. Many of us faced these issues when we were your age. Be strong and have faith. A year goes by fast and then things will most likely improve.  Good luck! ... Read More

It is very, very difficult to obtain conservatorship based on alcoholism or drug abuse.  Generally speaking, a person is eligible to be protected by a conservatorship/guardianship only if, due to a physical or mental illness, they are unable to provide for their own food, shelter or medical care or to manage their finances.  Getting a court to recognize alcoholism or drug abuse as a physical or mental illness seems to be a high hurdle.... Read More

Thank you for your question. To terminate the guardianship of a child, the guardian can file a petition to resign as the guardian and return the child to his or her parent(s).  If the guardian will not willingly terminate the guardianship a petition would need to be filed requesting the court terminate the guardianship.   I would suggest making an appointment for a consultation with an attorney who do this type of work.  ... Read More

This does not seem like a guardainship or conservatorship question.  A Guardianship or conservatorship will be issued by the Court for a person who is unable to govern themselves or their own affairs.  It is for disabled adults, or older adults who become disabled as a result of dementia, age, or other medical issues.  ... Read More

You should probably file to become your son's guardian.  This will protect him because the Court will make a finding that he is legally incapacitated, and that he cannot make decisions for himself.  If he is still in high school, we can use his IEP and the school psychologist report to obtain guardianship. You can make the guardianship limited, and he can also petition the court to undo the guardianship at a later time if he is able.    PLease feel free to call my office for a free consultation.  ... Read More

It is not clear whether you are a minor or an adult.  If you are a minor, you probably need the help of a family law attorney.  If you are an adult, in many states you can write to the court directly stating that you no longer need a guardian and asking to have the guardian removed.... Read More

You may be able to make an applicaiton to the Court for a return to capacity, or limitations on the guardinaship.  The Court wants a guardianship to be as least restrictive as is necessary, so if there are things that you can take care of for yourself, you should be able to do those things even if you need assistance with other things.  The first step would be some type of medical certification of your capacity and ability to understand what you need to do.  You would need to have a nuerologist or psychiatrist and another doctor certify to the Court that you have capacity to makre your own decisions.    Best of luck to you. ... Read More

You can always apply for Guardianship, if your mother does not have capacity, or a conservatorship, if she still does have capacity.  You will be able to get your own information about medical issues, and regulate visitation.  The first step is the evaluation and determination if your mother still has capacity.  If your siblings refuse to allow that evaluation, you can get a Court Order requiring same. ... Read More

It is not difficult to add a guardian, it is just time consuming.  You need to file a petition with the Court to add a guardian, making it a co-guardianship, and the court will probably appoint a court appointed attorney to represent the disabled person.  You will need to do this in the county in which you live.    ... Read More

I don't understand how the middle initial would impact the guardianship.  May be there are facts you did not include in the question.  If there is any problem with or without the middle initial that can be addressed in the court documents.  You need to contact an elder law attorney to help you with all of these issues, and get one in the county in which you live so the person can come to your house and help you.  If you are in Ocean or Monmouth counties, please give me a call. ... Read More

You can file a motion to open the case and remove her as the guardian.  You can ask to be appointed as the guardian instead and cite the reasons why she should not be allowed to conitnue to serve.  The paperwork for the guardianship is a public document and you can get it form the court in the county in which the guardianship was completed, most likely whereyour brother lives.  ... Read More

If she obtained guardianship over you there has to be a finding that you were legally incapacitated, meaning that you wer eunable to govern yourself and your own affairs.  The guardianship application would have included two doctors reports that said you lacked capacity to manage your own affairs.  In order to get out from under that, you can do an application called a "return to capacity".  You will need to get doctors reports that say you do have capacity and you can mamange your self and your own affairs.  Start with getting copies of the guardianship papers.  If your mom won't give them to you, go to the county courthouse of the county in which you live and get copies for yourself.  The documents are public and are recorded and kept at the court house.  Look at the reports that were included with the complaint.  If you currently see a doctor, talk to that doctor about the capacity issue and ask if he/she would be willing to write a report that you do not lack capacity.  This is not an easy thing to do, but its also not impossible.  You should probably speak to a lawyer about helpgin you with this.  If you live in Monmouth or Ocean County feel free to call my office.... Read More

How close are you to turning 18?  Are you still living at home?  Can you get your parents consent to move out to the other house?  If you are close to turning 18 - within a few months, it makes no sense to try and file an emancipation.  The process will take some time, and will be costly for you.  you should continue to go to school, and try moving to the other person's house with your mother's consent.  Good luck. ... Read More

If your sister was your brother's legal guardian, in New Jersey, then it cannot be "transferred" to aonther person.  another application would have to be made to the court to have a new guardian appointed if your sister is no longer able to serve.  You can obtain a copy of your mother's death certificate yourself, as her child you are entitled to call or write the Vital Statistics office in the county/town in which your mother lived and get a copy directly from that office.... Read More

You could have the mother sign over legal rights to the child and give you the authority to be legal guardian. It would involve the mother almost severing her legal rights.  I am sure there are documents that you could find on line provided the mother is cooperative.  After the child turns age 18 all of that would be irrelevant.  You could also do a legal adoption even if the child is over age 18.... Read More