New Jersey Notice to Minor to Nominate or Select Guardian

State:
Multi-State
Control #:
US-03328BG
Format:
Word; 
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Description

In most jurisdictions, a minor, on reaching a certain age, which was 14 years at common law, may choose his or her own guardian, conditioned on the guardian's posting of a bond and subject to confirmation by the court. The authorities are not in agreement as to whether a minor's right to select a guardian may be exercised for the purpose of superseding a guardian previously appointed. Where a minor is not of sufficient age to have an unqualified right to select a guardian, it is usual for the court to ascertain the preference of the minor if the minor is of an age to exercise an intelligent choice.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Adult Guardianship in New Jersey. Court-appointed guardians oversee adults who are not able to make decisions or care for themselves. They need to have legal authority to make decisions for the person under guardianship (also called ?incapacitated person?). Only the courts can grant that power.

To qualify for kinship legal guardianship NJ, you will need to meet the following requirements: The child's parents cannot care for the child any longer. You, as the applicant, can financially care for the child. The child has been in the care of the applicant for at least 12 months.

A kinship legal guardian is a relative or close family friend who is appointed by the court to raise a child when the parents are unable to do so. Kinship legal guardianship (KLG) does not terminate the parents' rights. Parents can still seek visitation, and they are still financially responsible for the child.

Under New Jersey law?unless otherwise ordered?a guardian of the person shall personally visit the incapacitated person not less than once every three months. The guardian must maintain sufficient contact with the protected person to know his capacities, limitations, needs, opportunities and physical and mental health.

Obtaining Letters of Guardianship You cannot act as guardian until you qualify with the county surrogate. You must qualify within 30 days of the judgment. To qualify: Sign papers from the county surrogate, including an Acceptance of Guardianship.

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.

-1. Complaint Every action for the determination of incapacity of a person and for the appointment of a guardian of that person or of the person's estate or both, other than an action with respect to a veteran under N.J.S.A. 3B:13-1 et seq., or with respect to a kinship legal guardianship under N.J.S.A.

The guardian needs to affirm their willingness and ability to act as guardian. Once they qualify, they receive Letters of Guardianship. These are the official documents authorizing the person(s) to act as guardian. Guardians will also purchase short certificates.

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New Jersey Notice to Minor to Nominate or Select Guardian