Recent Changes In Guardianship Law
by
Herbert D. Hinkle, Esq. and Valerie A. Powers Smith,
Esq.
Hinkle,
Fingles & Prior, Attorneys at Law
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
New Jersey recently enacted a new guardianship law.
The new law creates three types of guardians: a
general guardian, a limited guardian, and a temporary
guardian. A general guardian is appointed if the
individual is incapacitated, meaning that the
individual is without the ability to govern himself or
manage his own affairs. A limited guardian is
appointed if the individual is incapacitated and lacks
the ability to do some, but not all, of the tasks
necessary to care for himself. A temporary guardian is
appointed in special situations or while a request to
be appointed general or limited guardian is pending
before the court.
Second, the law adds some new provisions which, among
other things, include:
A guardian is required to encourage the
individual’s participation in decision-making.
A guardian must visit the individual every three
months and keep abreast of the individual’s condition.
A guardian may plan for the individual’s future,
including applying for public assistance (such as
Medicaid and Medicare benefits).
A guardian must file brief annual reports with the
court about the individual’s condition.
A guardian is shielded from liability for injury.
Lastly, for guardians who obtain guardianship over an
individual and, then, later moves outside of New
Jersey with that individual, the law provides for the
transfer of guardianship to another of state. Also, if
a guardian appointed in another state moves to New
Jersey, the new law provides that the guardian can ask
a court to transfer of the guardianship to New Jersey.
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Hinkle,
Fingles, & Prior maintains a multi-state law practice
with offices in Lawrenceville, Marlton, and Florham
Park, New Jersey, and Yardley, and Plymouth Meeting,
Pennsylvania. They lecture and write frequently on
topics of law, aging, disability and estate planning
and are available
to speak to groups in New Jersey
and Pennsylvania at no charge.
Comments
and suggestions for future articles should be mailed
to: Hinkle, Fingles & Prior, Attorneys at Law,
2651 Main Street, Suite A, Lawrenceville, New Jersey
08648-1012.
Copyright
2007 Herbert D. Hinkle. All rights reserved.
