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The initial guardianship request is filed with the county surrogate's office. A Superior Court judge then hears and decides on the case. If incapacitation is determined, the court-appointed guardian must qualify with the county surrogate. Potential guardians can file for a standard guardianship.
If you gain guardianship, your child loses the freedoms he or she would have as an adult. The child will lose the right to handle his or her own finances, make healthcare decisions, choose residency, or make any other decision that the court has given the guardian power to decide.
An individual subject to a general or limited guardianship shall retain: (1) The right to be treated with dignity and respect; (2) The right to privacy; (3) The right to equal treatment under the law; (4) The right to have personal information kept confidential; (5) The right to communicate privately with an attorney ...
3B:12-25. Appointment of guardian. The Superior Court may determine the incapacity of an alleged incapacitated person and appoint a guardian for the person, guardian for the estate or a guardian for the person and estate.
Once an individual is reached and BGS begins working with him or her, the process takes approximately 8-12 months to complete. This includes receipt of the court Judgment. Q. What is the process for pursuing guardianship?
If you were appointed as guardian by a court, simply provide a copy of your order or letter of guardianship that the judge signed. Show the will appointing you as guardian. A will does not provide guardianship, but it is proof of the decedent's wishes.