Guardianship for Adults with Disabilities NJ
Supportive Legal Guidance for Adult Guardianship in New Jersey
Are you trying to obtain legal guardianship for an adult with disabilities in New Jersey? When a loved one turns 18 but lacks the capacity to make informed decisions due to an intellectual or developmental disability, legal guardianship may be necessary to ensure their safety, stability, and wellbeing. At Drescher & Cheslow, P.A., we help families throughout New Jersey understand their legal rights and guide them through the guardianship process with care and clarity.
What Is Legal Guardianship for Adults with Disabilities in NJ?
In New Jersey, once an individual turns 18, they are presumed legally capable of making their own decisions. However, when a disability prevents them from managing important aspects of daily life such as healthcare, finances, or living arrangements, the court can appoint a guardian to assist or make decisions on their behalf.
Legal guardianship for adults with disabilities allows a parent, relative, or trusted adult to continue advocating for their loved one beyond childhood. Guardianship can be full or limited, depending on the individual’s level of functioning and the type of support they need. It is intended to provide the least restrictive alternative to a full guardianship. If another alternative to full guardianship is more appropriate, at Drescher & Cheslow, P.A. we can help you determine that alternative (such as supported decision-making), and work towards the goal most appropriate for your situation.
When Is Adult Guardianship Appropriate?
You may consider applying for guardianship of an adult with disabilities in NJ when:
- Your child with autism, Down syndrome, or another intellectual or developmental disability is approaching age 18
- Your adult loved one is unable to understand or communicate important life decisions
- There is a vulnerabiility, or the person is at risk of financial exploitation or abuse
- Healthcare providers or institutions require proof of legal authority to involve you in care decisions
- No power of attorney or advance directive exists
In these cases, legal guardianship may be the most effective way to protect your loved one while ensuring they receive the support they need to live with dignity.
How the Guardianship Process Works in New Jersey
The process of obtaining legal guardianship for an adult with disabilities in NJ involves several steps, including:
- Filing a guardianship application with the Surrogate’s Court in the county where the individual resides
- Submitting two physician certifications, or one such certification and the person’s Individualized Education Plan (a”IEP”) documenting the disability and capacity level
- Notifying the individual and other interested parties of the application
- Assigning an attorney for the alleged incapacitated person (AIP) to represent their rights
- Attending a court hearing where a judge reviews the evidence and decides on guardianship
Our attorneys at Drescher & Cheslow will guide you through each stage, help you prepare the necessary documents, and represent you at your guardianship hearing. We also assist with guardianship reports and compliance requirements once you’re appointed.
Compassionate Legal Support for Families
Guardianship decisions are deeply personal and often emotional. At Drescher & Cheslow, P.A., guardianship for those with special needs is just as rooted in our personal lives as you. Whether you’re a parent planning ahead or a concerned family member stepping in during a time of need, having a knowledgeable legal team on your side can make a significant difference. We are committed to helping you understand your options, protect your loved one’s rights, and make the best possible decisions for their future.
In some cases, we may also advise you on alternatives to full guardianship, such as limited guardianship, supported decision-making, or powers of attorney.
Speak with a New Jersey Adult Guardianship Attorney Today
If you’re seeking legal guardianship for an adult with disabilities in NJ, we are here to help. At Drescher & Cheslow, P.A., we provide thoughtful and reliable legal guidance for families across New Jersey.
Call 732-972-1600 to schedule a consultation. With offices in Manalapan Township, Cranford, and New York City, we proudly serve clients throughout New Jersey. Let us help you protect the rights and wellbeing of the person you care about most.