Guardianship proceedings can be personal and complex. If you believe a proposed guardianship is unnecessary or not in the best interest of your loved one, you have the right to contest it under New Jersey law.
Who Can Challenge a Guardianship?
A guardianship can be contested by:
- The alleged incapacitated person (“AIP”)
- A family member or relative
- A caregiver or close friend
- Anyone with a vested interest in the AIP’s well-being
How to Begin Contesting a Guardianship in New Jersey
To formally challenge a guardianship petition, you may:
- File an objection with the Superior Court
- Submit competing medical or psychological evaluations
- Propose less restrictive alternatives, such as power of attorney
- Seek appointment as guardian yourself, if you believe the proposed guardian is unfit
What Happens Next?
The court will:
- Review all submitted evidence
- Consider the recommendation of the court-appointed attorney
- Hold a hearing to hear competing testimony and make a decision
Potential Outcomes
Depending on the circumstances, the court may:
- Appoint a guardian (as proposed or alternate)
- Establish a limited guardianship
- Dismiss the petition if guardianship is not warranted
Whether you are seeking to challenge a guardianship petition or defend one that has merit, the attorneys at Ward, Shindle & Hall can guide you through the process and protect your rights.
