Official Site of The State of New Jersey

Guardianship

Since 2021, the LTCO has participated in the Judiciary Working Group on Elder Justice (Working Group). This group, established through the NJ courts, brings together many different stakeholders to address legal and other related issues that older New Jersey residents face. It places an emphasis on ensuring older adults, their families and advocates know their legal rights and can better prevent, identify, and report elder exploitation and abuse.

One of the issues the workgroup identified as very important is guardianship. There is a lot of confusion among the general public about what guardianship means, how it is initiated, what the process involves, and what rights people under guardianship do and do not retain.

The Office of the Public Guardian and the LTCO were tasked with creating a presentation to explain the guardianship process in a straightforward way and to answer basic, commonly asked questions. We hope it helps to increase understanding and awareness of NJ guardianship.

It is crucial to remember that, although guardianships are an important legal tool to advance dignity and wellbeing of individuals who lack capacity, individuals under guardianships’ input and preferences (to the extent they can be known) should still be heard and considered in decision making.