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Once established, can guardianship be changed or revoked?

| Jun 9, 2020 | Contested Guardianships |

There are several reasons why some New Jersey residents over the age of 18 require the assistance of others to make sound decisions about a number of things. This is why the state allows for those with certain disabilities to be placed in a guardianship. Once established, can guardianship be changed or revoked?

Guardianship is usually only considered as a last resort. Because it takes away one’s right to make personal decisions, there needs to be evidence that going to this extreme is really necessary. The court will only consider granting a guardianship if a physician, licensed psychologist or Division of Developmental Disabilities staff member — with first-hand knowledge of the person in question — signs, under oath, that it is needed.

There are two types of guardianship offered in New Jersey, general and limited. General is for those individuals who need assistance will all decision making. Limited is for those individuals who only need help with making some decisions. To obtain either, one must go through an extensive application process that involves some court hearings. Those who may apply to be guardians include parents, siblings, or other trusted individuals or agencies.

Once guardianship is granted, only a judge has the power to change or revoke the order. Those who would like assistance seeking guardianship of a New Jersey resident can turn to legal counsel for the help they require. Those who believe that a guardian should be removed from his or her position can also seek assistance from an experienced attorney to fight for the change.