Guardianship for Adults with Mental Illness NJ
Dedicated Legal Support for Guardianship of Adults with Mental Health Conditions in New Jersey
Are you concerned about a loved one’s ability to make safe and informed decisions due to a serious mental illness? When an adult in your life is unable to manage their own personal, medical, or financial affairs due to conditions like schizophrenia, bipolar disorder, or severe depression, legal guardianship may be necessary. At Drescher & Cheslow, P.A., we guide families across New Jersey through the guardianship process with compassion, experience, and a deep understanding of mental health–related legal challenges.
What Is Guardianship for Adults with Mental Illness in NJ?
In New Jersey, adults are presumed capable of managing their own affairs. However, when a mental health condition significantly impairs a person’s decision-making capacity and puts them at risk, a guardian can be appointed by the court to act in their best interests.
Guardianship may be general (full authority over decisions) or limited (only specific rights, such as healthcare or finances). Our attorneys will help determine what level of guardianship is appropriate based on your loved one’s unique needs and level of functioning.
When Is Guardianship Appropriate for Mental Illness?
You may need to pursue guardianship in NJ if your adult loved one:
- Has a chronic psychiatric condition that prevents them from understanding or making sound decisions
- Is refusing necessary medical care or treatment
- Is vulnerable to financial exploitation or self-neglect
- Is unable to live safely without supervised support
- Has no legal documents (such as a power of attorney or health care proxy) in place
In these situations, guardianship can help ensure they receive appropriate care, housing, and protection while preserving as much of their autonomy as possible.
The Legal Process for Guardianship in New Jersey
Obtaining guardianship for an adult with mental illness in NJ involves several important legal steps, including:
- Filing a verified complaint and supporting documents with the Surrogate’s Court
- Obtaining and submitting two physician or psychologist certifications evaluating the person’s mental state and capacity, and evaluating whether, if impossible to obtain medical reports, how best to proceed
- Serving notice to the individual and relevant parties
- Attending a court hearing to present your case
- Responding to any objections raised by the individual or their court-appointed attorney
At Drescher & Cheslow, we walk you through every step of this process, help gather the necessary documentation, and advocate on your behalf in court. We also provide guidance on post-appointment duties, including annual reporting to the court.
Why You Need Legal Guidance
Guardianship for someone with a mental illness is a delicate and highly personal matter. Courts are cautious when removing an individual’s legal rights, even for their own protection, which is why it’s crucial to present a clear, well-documented case. Our legal team is experienced in working with families facing these difficult decisions, and we’re here to ensure your petition is thorough, respectful, and focused on the person’s best interests.
We also help families explore alternatives to guardianship, such as psychiatric advance directives, limited guardianship, or conservatorships, when appropriate.
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 Guardianship Lawyer Today
If you’re considering guardianship for an adult with mental illness in NJ, don’t navigate the process alone. The attorneys at Drescher & Cheslow, P.A. are ready to support you with knowledgeable, compassionate legal care.
Contact us at 732-972-1600 to schedule a consultation. We have offices in Manalapan Township, Cranford, and New York City, and proudly assist families throughout New Jersey. Let us help you protect the safety and dignity of your loved one while securing the legal tools you need to support them.