Guardianships for Developmentally Disabled Persons

New Jersey Guardianship Attorneys

After a person turns 18, legally parents' decision-making ability for their children comes to an end. However, if a person is developmentally disabled, it is important that they have a legal guardian once they reach the age of majority, who can represent their best interests.

A guardianship for a developmentally disabled person over the age of 18 who is receiving services from the Division of Developmental Disabilities (DDD) can be obtained in one of two ways. First, a family member or another interested party can file a guardianship action with two physicians attesting to the person's incapacity. Another way is to file a Title 30 (DDD) guardianship.

To file for a DDD guardianship, only one physician or psychologist need examine or evaluate the individual and submit a written report under oath. A second report is typically submitted by the regional DDD administrator. The Director will then certify that the individual is in need of a guardian based on the knowledge of the agency and the individual's functional level. Once the Doctor's Affidavit and the Director's Certification are filed with the Court, a private attorney is appointed by the Court to represent the DDD recipient.

A Title 30 Guardianship Judgment has the same force and effect as a regular Guardianship matter. There are certain reporting and record keeping requirements each guardian must fulfill with the Court on an annual basis.

The Law Offices of Hunziker, Jones & Sweeney are experienced in helping families and individuals deal with matters concerning guardianships. If you would like to schedule a free consultation related to DDD guardianships, call call (973) 256-0456 or fill out our contact form for a consultation.