TYPES OF GUARDIANSHIP OF AN INCAPACITATED PERSON

It is important to file the appropriate application when filing for guardianship of an incapacitated person.

Applications:

A Title 30 (DDD) application is one where the alleged incapacitated person is developmentally disabled (diagnosed with Autism, Down Syndrome, etc.) and is eligible for, or already receiving, services from the Division of Developmental Disabilities (DDD).

Title 3B (DD) application is one where the alleged incapacitated person is developmentally disabled (diagnosed with Autism, Down Syndrome, etc.) but is not eligible for or receiving services from DDD.

Title 3B applicants encompass all other applications, such as those persons who are incapacitated due to an accident-related injury, dementia, Alzheimer's disease, etc.

Types:

Guardianship of the person and estate (property). A combination of guardianship of the person and guardianship of the property. This type of guardianship allows the guardian to make medical, legal, education, vocational, financial arrangements, and decisions for the incapacitated person.

Guardianship of the person only. This allows the legal guardian to make medical, legal, educational, and vocational decisions and arrangements for the incapacitated person.

Guardianship of the estate (property). Under this type of guardianship, the legal guardian has the right to make financial arrangements and decisions for the incapacitated person.

General Guardianship: The guardian can exercise all rights and powers statutory conferred on behalf of the person under guardianship.

Limited Guardianship: This type of guardianship is less intrusive and more individualized, so that the person under guardianship can make some decisions for themselves. Grants the legal guardian very specific decision-making abilities.