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Legal Guardianship of an Adult: Rights and Responsibilities

May 12, 2023

Once a person becomes a guardian, they should be aware of their responsibilities. Since the ward loses significant rights, guardians must promote their autonomy to the fullest possible extent. Guardians must make decisions, such as moving the ward across states, in the ward’s best interests. Legal Guardianship for Adults With Disabilities There are several types of […]

Who Can Override a Power of Attorney (POA)?

May 8, 2023

A power of attorney (POA) is a legal agreement that gives a person (agent) the ability to act on behalf of another person (principal). A common question asked about POAs is under what circumstances a person can override them. POAs can be overridden. However, the “who” and “how” depends on whether the principal is of sound mind. […]

How to Become a Legal Guardian in New Jersey

March 20, 2023

Becoming a legal guardian in New Jersey can be a complex and time-consuming process, but it can also be a rewarding experience for those dedicated to providing care and support to individuals who are unable to make decisions for themselves.  When Guardianship Becomes Necessary In New Jersey, guardianship may become necessary when an individual cannot […]

When Does a Person Lack Capacity in a Guardianship?

March 10, 2023

The guardianship of an adult, in which a judge appoints an individual to make choices for a person over 18, is appropriate when the adult lacks capacity. Capacity is a general legal term that refers to a person’s cognitive ability. For instance, when people lack capacity to make a will, they cannot execute a valid […]

Supported Decision-Making as an Alternative to Guardianship

December 16, 2022

For some people with disabilities, a guardianship or conservatorship would be overly restrictive. Supported decision-making can be an alternative to unnecessary guardianships. It allows disabled people to get assistance with decisions while retaining autonomy. In supported decision-making, trusted persons can advise an individual with a disability, while the individual ultimately retains the final decision-making power […]