![]() In cases involving the appointment of a guardian for a minor, or incapacitated Child, the Surrogate’s Court of the county in which the minor resides has the same powers as the Superior Court. Jurisdiction and Venue of the Courts in Matters Involving Minor and Incapacitated Children § 3B:12A-1 et seg., allows a “kinship legal guardian,” who is a caregiver willing to assume care of a child due to the parents’ incapacity until the parent finally recovers. § 3B:12-67 et seg.) a parent or custodian suffering from a chronic or fatal condition may make plans for the care of a child without terminating his/her parental rights. For example, under the NJ Standby Guardianship Act, (N.J.S.A. New Jersey statutes contain these provisions, some of which receive relatively little attention. New Jersey statutes contain a variety of contexts. The need for the appointment of a guardian for an incapacitated child(ren) and minor(s) is necessary in a variety of contexts. Guardianships and Conservatorships of Minor Children & Incapacitated Adult When is it Required? In many instances, there is little to no contact with the court afterward. ![]() Thereafter, following the appointment, the extent to which the court supervises the guardianship varies greatly depending on the circumstances of each individual case as well as state law. The court may also require that the relatives of the ward(s) be notified of the guardianship request or perhaps order an additional investigation and/or hearing.Īlthough a judge has the authority to name a different guardian than requested by the deceased person the court most commonly awards a guardianship in accordance with the will. ![]() In making a “best interest determination,” the court may assign a person to perform an evaluation of the prospective guardian, which typically includes a home visit(s) from a court-assigned person as well as interviews with the prospective guardian, other family members and the Child/Adult, if age-appropriate and competent. When appointing a guardian, the court gives substantial weight to the guardianship designation made in the will (assuming of course a last will exists), but as always, it is the duty of the court to determine what is in the best interest of the Child/incapacitated Adult. My reference to the term guardian on this page refers to the person named in a will to have physical and legal custody of the decedent’s minor child(ren)/incapacitated family member or friend in the event of that person’s death. Even though the decedent may have a designated guardian in his or her will, that person does not automatically become the actual guardian unless and until a request for guardianship is made. ![]() To start a guardianship proceeding upon the death of a parent or Adult Guardian, the person designated in the will as the proposed guardian must file a written request with the County Surrogate, usually called a “Petition for Guardianship.” In New Jersey, guardianship proceedings that arise out of the death of the ward’s physical custodian or biological parent are handled by the surrogate’s office on behalf of the Superior Court. ![]()
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