Official Site of The State of New Jersey
In New Jersey and most US states, you become a legal adult at age 18. Being a legal adult means you have the fundamental right to make your own decisions about all areas of your life.
Some families decide to explore guardianship as an option for an adult loved one who may have limitations in their ability to make decisions, but it is not the only option.
Guardianship
What is Guardianship?
Guardianship is when a court decides a person can't make their own decisions and appoints someone else (a guardian) to make decisions for them.
- Guardianship removes a person's fundamental right of self-determination and should, in all cases, be viewed as a solution of last resort.
- Guardianship can be general, or limited to certain types of decisions, such as those related to residential, educational, medical, legal, vocational, or financial issues.
- Once a guardian or co-guardians have been appointed by the Superior Court, only the court can change the guardianship order.
How to Establish Guardianship
Establishing guardianship is a legal process.
- You can seek guardianship from the Bureau of Guardianship Services (BGS) at the Department of Human Services.
- BGS can only handle guardianship over a person's daily life and care decisions. If a person owns property, has a trust, or has other major assets, you will need to hire a private attorney to get guardianship over both the person and their property.
- You can hire an attorney to help you obtain guardianship, but you don't have to.
To learn more, visit the State of NJ Judiciary's Adult Guardianship Overview or Adult Guardianship Self-Help webpage.
Bureau of Guardianship Resources
The information below was prepared by BGS. If you have questions about it, please contact BGS at 609-631-2213.
- Guardianship FAQ.pdf
- Guardian Fact Sheet - English.pdf (Guardianship Fact Sheet - Spanish.pdf)
- Role of the Legal Guardian.pdf
- Family Guide to the Guardianship Court Process.pdf
Supported Decision-Making
Supported Decision-Making (SDM) is an alternative to guardianship. It means a person retains control of their decision-making authority, but they get help from one or more supporters (circle of support) to understand options, communicate choices, and connect with resources.
While many states have enacted legislation related to SDM for adults with intellectual and developmental disabilities, there are currently no SDM laws in New Jersey.
To learn more about Supported Decision-Making, visit the National Resource Center for Supported Decision-Making.
Advance Directive
An advance directive is a legal document that helps ensure a person's preferences for various medical treatments are followed if they become unable to make their own healthcare decisions. New Jersey has two kinds of advance directives, Proxy Directive (Durable Power of Attorney for Healthcare) and Instruction Directive (Living Will).
To learn more, visit the NJ Department of Health's What is Advance Directive? webpage.