Individuals with cognitive disabilities are eligible to have a medical guardian appointed on their behalf.
Individuals with unique medical needs such as uncontrolled schizo-affective disorder with delusions, autism spectrum disorder, bipolar disorder, etc. can especially benefit from a limited medical guardianship.
Also are candidates with a long history of mental illness, especially institutionalized patients at a psychiatric hospital for years. Many individuals live day to day in an uncontrolled downward spiral, seeking to end their life and beg for help. In spite of good-natured assistance from caring persons and their best efforts, because they are not their legal guardians, they have not been able to advocate effectively for a medically incapacitated person. Individuals with both intellectual disabilities and uncontrolled mental illness, lack the ability to fully advocate for themselves.
Legal Argument for a Medical Guardian
Individuals I have described above are within the class of people who may bring an application for appointment of a guardian. New Jersey’s statutes set forth the requirements for an application for guardianship of an alleged incapacitated person. N.J.S.A. 3B:12-1. Guardianship is appropriate when an individual, “lacks sufficient capacity to govern himself and manage his affairs.” N.J.S.A. 3B:1-2 and 3B:12-24.1.
N.J. Court R. 4:86-12 sets forth the procedural requirements for appointment of a special medical guardian. A court has authority to appoint a temporary guardian of the person for the purposes of consenting to psychiatric treatment when no designated health care representative or health care instructional directive has been signed.
To discuss your NJ guardianship, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Guardianship Attorney