In New Jersey, a guardian for an adult is appointed by the Superior Court, Chancery Division, Probate Part, after a verified complaint is filed with the Surrogate in the county where the person lives. The complaint is generally supported by affidavits from two physicians (or a physician and a licensed psychologist) who examined the person within 30 days, and the court appoints an attorney for the person. Courts can order a limited guardianship, and a power of attorney or health care proxy may avoid court altogether.

6 min read

Elder Law

Special needs trusts in New Jersey: first-party, third-party and ABLE

A special needs trust holds money for a person with a disability without disqualifying them from means-tested benefits like Medicaid and SSI. In New Jersey, a first-party trust holds the person's own money, must be funded before age 65 and must repay Medicaid at death, while a third-party trust funded by family generally has no payback requirement. An NJ ABLE account is a simpler savings option for people whose disability began before age 46.

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Elder Law

Medicaid for nursing home care in New Jersey: planning basics

In New Jersey, Medicaid long-term care is provided through NJ FamilyCare's Managed Long Term Services and Supports (MLTSS) program. In 2026, a single applicant generally can have no more than $2,000 in countable resources, and anyone with income over $2,982 a month needs a Qualified Income Trust. Transfers made in the five years before applying are reviewed and can trigger a penalty period.

6 min read

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Ocean City, NJ