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General
Information & Questions Most Frequently Asked -
Guardianships
What is a Guardian?
A guardian, like a fiduciary, is someone who acts on behalf of another
individual. The guardian has the responsibility to use ward's funds
for the benefit of the incapacitated individual, and to handle those
funds as a reasonable individual would handle his own funds, A guardian
may not use a minor or incapacitated individual's money for the guardian's
personal benefit.
Whether the ward is a minor or an incapacitated person, guardianship
may be framed as guardianship of the person, guardianship of the estate,
or both. The guardian of the person makes personal decisions such
as residence, medical treatment and for a minor, education and day
to day decisions frequently made by a parent.
Guardianship of the estate simply means that the guardian has the
authority to receive all assets owned by the minor or incapacitated
person and apply those funds for the benefit of the ward.
A guardian of an incapacitated person has all the power and authority
that the incapacitated person, if competent, would legally have. Guardianship
of a minor will terminate when the minor reaches majority, which in
New Jersey is currently 18 years. The guardianship of an incapacitated
individual usually does not terminate until the death of the incapacitated
individual. Any guardian, whether for a minor or an incapacitated
individual, can ask the court for discharge in the guardian no longer
wants to act. The court has the authority to remove any guardian who
is not acting in the best interest of the minor or incapacitated ward.
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