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Shrewsbury Guardianship Lawyers

When a loved one can no longer make decisions for themselves due to age, illness, or disability, families are often left in a difficult position. Without the proper legal authority in place, even the most devoted spouse, parent, or child cannot make crucial choices regarding medical care, finances, or daily living arrangements. In these situations, guardianship may be necessary to protect the individual and ensure that their needs are met.

At Sanvenero & Cittadino, LLC, our Shrewsbury guardianship lawyers guide families through the complex process of establishing guardianship under New Jersey law. These cases are often emotional and involve sensitive family dynamics. Our role is to provide clarity, support, and skilled representation so you can focus on what matters most—caring for your loved one.

Understanding Guardianship in New Jersey

Guardianship is a legal relationship in which a court appoints a person (the guardian) to make decisions on behalf of another individual (the ward) who is unable to make those decisions on their own. In New Jersey, guardianship most often arises in cases involving:

Elderly individuals suffering from dementia, Alzheimer’s, or other conditions that impair judgment.
Adults with developmental or intellectual disabilities who need assistance managing personal and financial affairs.
Adults with severe mental illness or traumatic brain injuries that render them incapable of independent decision-making.

A guardianship can be tailored to the ward’s specific needs. New Jersey courts prefer to impose the least restrictive arrangement possible, meaning that if the individual can handle some decisions independently, the court may limit the guardian’s authority to specific areas such as medical or financial matters.

Types of Guardianship in Shrewsbury

Under New Jersey law, there are several types of guardianship, each designed to address different circumstances.

Guardianship of the Person gives the guardian authority to make personal and medical decisions for the ward, including healthcare, housing, and daily living matters.
Guardianship of the Estate allows the guardian to manage the ward’s financial affairs, including paying bills, managing investments, and handling property.
Plenary Guardianship provides full authority over both personal and financial matters when the court determines that the individual cannot manage any aspect of their affairs.
Limited Guardianship grants authority only over certain decisions, preserving the ward’s autonomy in areas where they are still capable of making sound judgments. Limited guardianships are common in cases involving individuals with developmental disabilities, where the person may be able to handle aspects of daily life but needs support with financial or healthcare decisions.

The Guardianship Process in New Jersey

Establishing guardianship in New Jersey requires filing a petition with the Superior Court, Chancery Division, Probate Part. The process is detailed and designed to protect the rights of the individual who may be placed under guardianship.

The petitioner must submit medical certifications, usually from at least two physicians or from a physician and a psychologist, attesting that the individual lacks the capacity to govern themselves and manage their affairs. These certifications must be current and provide specific observations about the person’s mental and physical condition.

Once the petition is filed, the court appoints an attorney to represent the alleged incapacitated person. This ensures that their rights are protected and that they have an independent advocate during the proceedings. The appointed attorney investigates the situation, meets with the individual, and submits a report to the court with recommendations.

A hearing is then held, during which the court considers medical evidence, testimony from family members, and the recommendations of the appointed attorney. If the court finds clear and convincing evidence of incapacity, it will issue a judgment appointing a guardian. The court may also require the guardian to post a bond if financial assets are involved.

Duties and Responsibilities of Guardians

Serving as a guardian is both an honor and a serious responsibility. Guardians are fiduciaries, meaning they must act in the best interests of the ward at all times and avoid conflicts of interest.

Guardians of the person are responsible for making decisions about healthcare, living arrangements, and general welfare. This may involve coordinating with doctors, arranging in-home care, or choosing an appropriate assisted living or nursing facility. Guardians of the estate must manage the ward’s finances responsibly, including paying bills, filing tax returns, and preserving assets.

New Jersey law requires guardians to provide annual reports to the court regarding the ward’s condition and the management of their finances. This ongoing oversight helps ensure accountability and protects vulnerable individuals from neglect or exploitation.

Alternatives to Guardianship

Because guardianship removes some or all of an individual’s decision-making authority, New Jersey courts treat it as a last resort. Before granting guardianship, courts will consider whether less restrictive alternatives exist.

Planning tools such as durable powers of attorney, healthcare proxies, or trusts can often eliminate the need for guardianship. In other cases, supported decision-making arrangements or representative payees for Social Security benefits may provide sufficient assistance without the need for court intervention.

Our attorneys counsel families on whether guardianship is truly necessary or whether other legal strategies might better serve the individual’s needs. By exploring alternatives, we help families preserve as much independence and dignity for their loved ones as possible.

Contested Guardianship Proceedings in Shrewsbury

Not all guardianship cases are straightforward. Sometimes, family members disagree about whether a loved one needs a guardian or who should serve in that role. These disputes can become contentious, especially if there are concerns about financial exploitation or improper influence.

Our firm represents clients in contested guardianship proceedings, advocating for their interests while keeping the focus on what is best for the alleged incapacitated person. We understand the emotional strain these cases place on families and strive to resolve conflicts in a way that minimizes disruption while protecting vulnerable individuals.

Guardianship for Adults with Developmental Disabilities

Guardianship is not limited to the elderly. In New Jersey, parents of children with developmental or intellectual disabilities often need to consider guardianship as their child approaches adulthood. Once a child turns 18, parents no longer have the automatic right to make decisions on their behalf.

If the young adult is unable to make certain decisions independently, a limited guardianship may be appropriate. This allows parents or another trusted individual to assist with healthcare, education, or financial matters while still respecting the individual’s independence wherever possible. Planning ahead before a child reaches adulthood ensures a smoother transition and avoids unnecessary gaps in decision-making authority.

Compassionate Guidance for Families

We recognize that guardianship cases are among the most sensitive matters we handle. Families often feel torn between respecting a loved one’s independence and ensuring their safety. At Sanvenero & Cittadino, LLC, we approach these cases with compassion, patience, and respect for the dignity of every individual involved.

We take the time to explain each step of the process, answer questions, and provide realistic guidance about what to expect. Our attorneys combine technical knowledge of New Jersey guardianship law with a deep commitment to helping families find practical, compassionate solutions.

Speak With a Shrewsbury Guardianship Attorney Today

If you are concerned about a loved one’s ability to manage their affairs, it is important to act before a crisis occurs. Establishing guardianship can provide peace of mind and ensure that your loved one is protected. At Sanvenero & Cittadino, LLC, in Shrewsbury, we assist clients throughout the North Shore and Central Jersey in navigating guardianship proceedings with skill and care.