Navigating the legal system can be especially difficult for families of young adults with disabilities. When a child turns 18, they legally become an adult in New Jersey, regardless of any developmental or intellectual disabilities they may have. For parents, this legal change can be a source of concern. New Jersey guardianship attorney Christine Matus of The Matus Law Group (https://matuslaw.com/guardianships-people-special-needs-disabilities) offers important insights for families considering legal guardianship as a way to continue supporting their adult child.
A New Jersey guardianship attorney, like Christine Matus, can help parents understand when guardianship is necessary. In the state, guardianship may be required when an individual is unable to make informed decisions about their personal, medical, or financial affairs. While a person may manage some daily tasks independently, they may lack the capacity to understand the long-term implications of major decisions. In such cases, the court can appoint a guardian to legally act on the individual’s behalf.
Christine Matus, an experienced New Jersey guardianship attorney, explains the purpose and impact of legal guardianship for adults with disabilities: “Guardianship helps ensure that individuals who cannot make important decisions on their own still have their needs met and rights protected,” she said. For families with children approaching adulthood who have developmental or intellectual disabilities, this legal tool may be essential in managing medical care, housing, and financial matters.
For parents considering guardianship, Christine Matus, a trusted New Jersey guardianship attorney, points out the importance of understanding the types of guardianship available. In New Jersey, there are two primary types: general (also known as plenary) guardianship and limited guardianship. General guardianship applies when an individual cannot make any significant decisions independently. Limited guardianship, on the other hand, allows the guardian to make decisions only in specific areas like healthcare or education, depending on the person's abilities.
The guardianship process in New Jersey involves several legal steps. Families must file a petition with the Superior Court, usually in the county where the individual resides. For Monmouth County residents, this means working with the Probate Part in Freehold. The process includes a medical and psychological evaluation to determine the person’s capacity and a court-appointed attorney who represents the individual’s interests throughout the proceedings.
If the court agrees that guardianship is appropriate, a judge will hold a hearing and issue a formal judgment. According to Matus, “In many cases, the guardianship process can take between three to six months, but more complicated or contested cases may take longer.” This timeline depends on court schedules, documentation requirements, and any objections from other parties.
Contested guardianship cases, although less common, do happen. An individual may oppose the appointment of a guardian, or family members may disagree on who should be appointed. Christine Matus and her legal team at The Matus Law Group work to resolve such disputes by exploring alternatives to litigation when possible and representing clients in court if necessary. Matus notes, “We understand how emotional and complicated these situations can be. Our goal is to help families find a solution that best supports their loved one’s well-being.”
Establishing a guardianship is not simply a legal process; it’s a deeply personal decision that affects the entire family. Parents and caregivers often need help understanding not only how to file a petition but also what their responsibilities will be if appointed as a guardian. Guardians make decisions on everything from where the person lives to what kind of medical treatment they receive, so it's important that guardians understand the scope of their role.
For families of adults with disabilities, choosing the right legal arrangement is essential. Guardianship may be the most comprehensive option, but in some cases, alternatives like powers of attorney or supported decision-making might be more appropriate. That’s why consulting with a New Jersey guardianship attorney like Christine Matus can provide clarity and direction tailored to each family’s needs.
The Matus Law Group is committed to helping families throughout New Jersey navigate this process. Whether located in Red Bank, Toms River, or anywhere in Monmouth County, Christine Matus and her team provide compassionate legal guidance for those seeking to establish guardianship.
Families with adult children who are unable to make decisions independently often face difficult choices. Working with a knowledgeable attorney can reduce stress, avoid legal mistakes, and ensure that the correct legal tools are used. Guardianship can offer families peace of mind, knowing that their loved one will continue to receive care and protection even as they transition into legal adulthood.
To begin the guardianship process or learn more about what it involves, families are encouraged to contact The Matus Law Group to schedule a consultation with Christine Matus.
About The Matus Law Group:
The Matus Law Group, led by Christine Matus, provides estate planning and guardianship legal services throughout New Jersey. The firm is committed to helping families plan for the future, protect their loved ones, and make informed legal decisions. With a focus on serving individuals with disabilities and their families, The Matus Law Group aims to provide straightforward, personalized legal support.
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