A guardianship is a significant responsibility that is taken very seriously in New Jersey. Caring for an incapacitated minor includes handling their daily needs, overseeing their finances, arranging their medical care and more. Getting a guardianship and contesting it can be complex in the Garden State and can happen for myriad reasons. For those who care for the incapacitated minor, it is important to be cognizant of state laws for every potential issue that might arise.
Transferring a guardianship from another state
In some instances, the guardianship was not granted in New Jersey, but a person plans to move from another state where the guardianship was approved. Understanding the law for transferring a guardianship is imperative. This is true for the guardian and any person or persons who might feel they have cause to contest it. A summary action must be filed in New Jersey Superior Court to transfer it and appoint the guardian if it is already established or will be established. All people involved in the proceeding can be notified of the hearing. That includes the minor and anyone else entitled to receive notification.
The court will generally grant the transfer unless it is a collateral attack on a guardianship that is already in place or has been proposed. It will also block the transfer or appointment if the minor’s best interests are not being served. There must be a record filed with the Superior Court showing that the minor is incapacitated. The guardian’s rights and responsibilities can be fixed by the Superior Court. All will be based on the previously mentioned best interests of the minor.
Those experienced in New Jersey guardianship laws may help with a transfer
People might want to move to New Jersey from another state with an incapacitated minor for many reasons. Perhaps there is a specific type of care that can be provided and the guardian believes it would benefit the person. There might be relatives living in the state who want to be close to the incapacitated person and vice versa. With a contested guardianship, others might protest the reason for which the move is being made. In these complicated situations, it is important to have a firm underpinning within the law. This is true for the guardian, those contesting it and anyone else involved. Consulting with those experienced in estate planning and guardianships can be helpful in navigating the situation and reaching a positive outcome.