Only DCP&P can apply for legal guardianship if there is a court case open for the same child. If the caregiver has cared for a child placed by DCP&P for at least 12 consecutive months and there is no lawsuit with DCP&P, they may ask DCP&P for permission to seek legal guardianship for the parents themselves. To apply for legal guardianship for kinship, a caregiver must contact the Ministry of Social Services` Kinship Navigator program at 877-816-3211. The Kinship Navigator program will hire one of four regional organizations to conduct assessments under the Kinship Care Grant Program to assess the situation. An assessment of the situation must be completed before a lawsuit can be filed. When the assessment is complete, the caregiver will file it with the family court with a court form called an application to begin the process of legal guardianship of the relative. The court does not charge a fee for filing an application for guardianship. Parents and any other party who has been granted custody or parental leave with the child in court must be informed. A legal guardian is responsible for caring for the child until the child reaches the age of 18. The court may terminate guardianship before the child reaches the age of 18 if: Although a judge has the power to appoint a guardian different from the one requested by the deceased, the court most often grants guardianship in accordance with the will. Subsequently, after appointment, the extent to which the court supervises guardianship varies considerably depending on the circumstances of the individual case as well as the law of the State.
In many cases, there is little or no contact with the court afterwards. In general, a minor or mentally handicapped person is represented in a legal action or litigation by a guardian of the person or property. However, if no such guardian has been appointed or if there are conflicts of interest between the legal guardian and the ward or for any other important reason, a guardian must be appointed ad litem by the court. In such scenarios, caregivers often have no choice but to establish a general or limited guardianship that allows them to take control of some or all of the person`s affairs. The State of New Jersey permits both types of guardianship: however, the guardian is required to reasonably and judiciously make such expenses for the support, education, care or benefits of the minor, taking due account of: (a) the size of the estate of the disabled child/adult; (b) the expected duration of the guardianship and the likelihood that the ward will be able to fully manage his or her affairs at a later stage, which will be retained for him or her for the future; and (c) the normal standard of living of the minor/disabled adult and members of his or her household. The need to appoint a guardian for one or more disabled and minor children is necessary in various contexts. New Jersey`s regulations contain a variety of contexts. New Jersey`s regulations contain these provisions, some of which receive relatively little attention.
For example, under the NJ Standby Guardianship Act (N.J.S.A. § 3B: 12-67 et seq.), a parent or guardian suffering from a chronic or fatal illness may plan the care of a child without terminating his or her parental rights. Similarly, N.J.S.A. authorizes § 3B:12A-1 et seg. a “legal guardian of kinship,” who is a caregiver who is willing to care for a child because the parents are unable to work until the parent finally recovers. With the exception of the above limitations, New Jersey law, which governs legal guardianship of kinship, provides that a legal guardian of kinship has the same rights, duties, and powers as a biological parent, including: If you are a caregiver who wants to become a legal guardian for kinship, or a parent who has received notice, if the caregiver of your child is applying for legal guardianship, you may want to see a lawyer. If you can`t afford to pay for a lawyer, you can contact your local legal office or LSNJLAWSM, the national toll-free legal helpline, at 1-888-LSNJ-LAW (1-888-576-5529) to see if they can help. If the caregiver is financially eligible for the Kinship Care Subsidy Program, they do not have to pay for the assessment. If DCP&P attempts to appoint a legal guardian for kinship, DCP&P will perform and pay for the assessment.
If it has been determined that your family member needs a guardian, working through BGS is just one of the many options you have for guardianship. Many families choose to pursue guardianship privately, either through a lawyer or through a lawyer (without a lawyer), as these options tend to go faster than the BGS process. If the court grants the caregiver legal guardianship of the relatives, the biological or adoptive parents will no longer have legal custody of the child, but their parental rights will not be terminated. The next of kin of an incapacitated person shall be entitled to guardianship, unless such appointment is clearly in the interest of the person unable to act or of his or her estate ….