New Jersey Statue Provides for Limited Guardianships

Effective January 11, 2006, Title 3B of the New Jersey statutes was amended to provide for the appointment of a limited guardian in appropriate cases.

N.J.S.A. 3B:12-24.1 provides that, if a court determines that a person is incapacitated and lacks the capacity to govern himself and manage his affairs, the court may appoint a general guardian to “exercise all rights and powers of the incapacitated person.” However, the statute goes on to state that, if a court determines that a person is incapacitated “and lacks the capacity to do some, but not all, of the tasks necessary to care for himself,” the court may appoint a limited guardian of the person, the estate, or both the person and the estate.

With the appointment of a limited guardian, the statute provides that the court shall make specific findings regarding the individual’s capacity, including, but not limited to which areas, such as residential, educational, medical, legal, vocational and financial decision making, the incapacitated person retains sufficient capacity to manage. The statute also advises that a judgment of limited guardianship “may specify the limitations upon the authority of the guardian or alternatively the areas of decision making.