Many people don’t realize that guardians can be appointed for chronic alcoholics and drug addicts. To their credit, some addicts reform themselves and start a new life, and want to free themselves from their guardians. What does N.J. law say about this topic?
Under N.J.S.A. 3B:12-28, when someone has previously been found to be incapacitated because of chronic alcoholism, a court must be satisfied that the person has reformed and become habitually sober and has continued to do so for one calendar year prior to commencing an action to terminate their guardianship.
In the case of someone determined to be incapacitated because of chronic drug use, the same time limit applies; the court must determine that the person has reformed and not been a chronic drug user for one year next preceding the commencement of the action. Finally, there will be a new court hearing for return to competency, which is the same in cases of habitual drunkenness and drug addiction.
To discuss your NJ guardianship matter, please contact Fredrick P. Niemann, Esq. at (732) 863-9900 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