When a guardianship petition is filed in New Jersey, the court appoints an attorney to represent the alleged incapacitated person (AIP). This role is critical to protecting the AIP’s rights and ensuring due process.
What Does the Court-Appointed Attorney in New Jersey Do?
The attorney is tasked with:
- Meeting with the AIP in person
- Reviewing medical records, financial information, and the petition
- Determining whether the AIP can express a preference or objection
- Submitting a report and recommendation to the court
- Representing the AIP at the guardianship hearing
Do They Always Agree with Guardianship?
No. The attorney may:
- Recommend denial of the guardianship
- Propose a limited guardianship instead of full
- Support the petition, if clearly warranted
- Request further evaluations or expert opinions
Their role is not to represent the family or petitioner, but to advocate for the best interest or stated wishes of the alleged incapacitated person.
Working with the Court-Appointed Attorney in New Jersey
If you’re the petitioner, you can expect:
- A request for records or background information
- Questions about your relationship with the AIP
- An objective, independent evaluation
Being cooperative, transparent, and respectful of the attorney’s role can help ensure a smoother process. At Ward Shindle & Hall our attorney’s always strive to have the smoothest guardianship process there is, reach out today to get our assistance in your guardianship case.
