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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.
In many cases, temporary guardianship can be obtained without going to court. This is usually done through a power of attorney agreement between the parents and the guardian. A power of attorney legally authorizes the temporary guardian to make healthcare and legal decisions on behalf of the minor.
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.
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.
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.
For a person to be assigned as a temporary guardian, the person must fill an application stating the connection he/ she has with the minor and if his/ her criminal record is empty or not. After doing so, he/ she must show that both parents do not have a problem with him/ her being a temporary guardian of their child.