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Filed under Archive,Guardianship

Important Guardianship Update

A must read if you are in the process of obtaining guardianship or if your child is turning 18 during social distancing.

A number of clients have expressed concerns about the ability to become their child’s guardian during the COVID-19 public health crisis. However, there is some good news out of the Courts which will make it much easier for families to take care of guardianship even while social distancing rules are in place.

In light of the COVID-19 pandemic social distancing restrictions and in an effort to ensure the protection of this State’s vulnerable people, the New Jersey Supreme Court has relaxed the rules regarding the filing and completion of guardianship matters. Therefore until further notice the following applies:

  • A certification by a physician or psychologist who examined the person who is the subject of the guardianship by video or phone will be permitted.
  • A physician or psychologist affiliated with the facility having care or custody of the person who is the subject of the guardianship is permitted.
  • Court appointed attorneys are now permitted to interview the person who is the subject of the guardianship by video or phone.
  • The person who is the subject of the guardianship must be offered the opportunity to participate in the hearing by video or phone.
  • The guardian will be authorized to act immediately upon signing of the Judgment, even if the guardian is unable to go to the Surrogate’s Office and complete the qualification process.

In light of these relaxed rules and the possibility medical decisions will need to be made, this is not the time to put off becoming guardian of your adult child with disabilities.

If you started the guardianship process before the stay at home orders went into effect and thought you could not proceed, please call our office for guidance.

If you have not started the process and your child is unable to govern and manage his or her own affairs and is, or soon will be, 18 please contact our office immediately. Our attorneys are available to meet with you by phone.

Stay Safe.

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Published on Apr 13th, 2020. © Copyright 2020 Hinkle, Prior & Fischer, P.C., Attorneys at Law. All rights reserved.
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Hinkle, Prior & Fischer, P.C., Attorneys at Law is a multi-state law practice with offices in Lawrenceville, Cherry Hill, Florham Park, and Paramus, New Jersey. The firm's partners and associates lecture and write frequently on topics of elder law, estate planning, special needs trusts, guardianship, special education, health care insurance & Medicaid, and accessing adult services, and are available to speak to groups in New Jersey and Pennsylvania at no charge. For more information, visit https://www.hinkle1.com/ or call (609) 896-4200, or (215) 860-2100.