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-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.
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.
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.
Appointment of a Temporary Guardian (Pendente lite) Whenever a complaint is filed in the Superior Court to declare a person incapacitated and appoint a guardian, the complaint may request the appointment of a temporary guardian of the person or estate, or both, pendente lite.
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.
Custody can refer to either legal decision-making authority, physical custody, or both, while guardianship only applies to legal decision-making, despite the fact that a guardian may or may not also have custody.