Person under Guardianship still has the right to vote
When a Court enters an order in a guardianship action that finds a person to be “incapacitated,” the Court is required in New Jersey to consider the functional areas in which the person needs or does not need a surrogate decision-maker, and must fashion the least restrictive arrangement that is consistent with the individual’s best interests. The Court can structure the...
Limited Guardianship: The possibilities are unlimited
The NJ Guardianship statutes and court rules give examples of areas of decision-making that can be excluded from the guardian’s control and reserved to the person under guardianship. A case called Matter of M.R., 135 N.J. 155, 638 A.2d 1274 (NJ 1994) discussed the idea that a person under guardianship may still have the capacity to make certain decisions such as with whom she wanted to...
Limited Guardianship: A Liberating Concept
When a petition for guardianship is filed in NJ, the examining physicians, the court-appointed attorney for the alleged incapacitated person, and the Court are required to consider whether the person lacks the capacity “to care for himself” and to “manage his affairs” in some or all domains. See N.J.S.A. 3B:12-24.1b (the statute) and N.J. R. 4:86-2(b) and 4:86-4(b)...