Tax & Estate Planning

Specializing in Special Needs Guardianship in New Jersey

SPECIAL NEEDS PLANNING & SPECIAL NEEDS BENEFITS

Guardianship is particularly important to protect a child with developmental disabilities, mental illness, or other diminished capacities. At age 18, a child is considered a legal adult regardless of if they are developmentally disabled or have a mental illness. At age 18, parents no longer have the right to make legal decisions for their children. If you want or need to retain authority to continue to make decisions for your child, you will need to become a guardian. Guardianship is appointed by a court when proof is provided that the child cannot handle his own affairs. An experienced special needs guardianship attorney at Davison Eastman Muñoz Paone P.A. can guide you through this process.

If a court finds that a person (referred to as the “ward”) is incapable of making responsible decisions, they will grant guardianship to a responsible adult. Guardians can be family, or someone with a connection such as a social worker, or lawyer, although courts typically prefer to grant guardianship to close family members.

Limited Guardianship

Some children with special needs have the capacity to make some decisions. In these cases, a court can appoint a limited guardianship. A limited guardianship will allow the ward to make certain decisions, such as day to day decisions and allow the guardian to make decisions on health and financial issues.

The Special Needs Guardianship Process

There are various documents that need to be filed in the court in the county where you reside. You will need to explain why you believe that the person (referred to a “alleged incapacitated person or AIP”) cannot make decisions on their own and needs a special needs guardian to assist. You will need to include any supporting documents from professionals (such as doctors or therapists) to support your claim. The court then appoints a lawyer for the AIP so that their needs and wishes can be communicated to the courts. If it is very clear that the AIP needs a guardian, a court appearance is usually not necessary. If not, the court holds a hearing, and the judge will decide based on information from both sides. If an agreement cannot be met, the judge will schedule more hearings for a trial.