Office of the Public Guardian

Do Office of the Public Guardian clients have input into the decision-making process?
The Office of the Public Guardian strives to ensure that its clients participate as fully as possible in all major decisions that affect them. The role of the guardian is to determine what the incapacitated person would want if he or she were capable of making decisions on their own, and then to try and carry out the client's wishes.

Why do we need the Office of the Public Guardian?
Too often people don't plan for future disabilities. Individuals in the 40s, 50s and beyond who are planning for retirement also need to prepare for a time when they may not be able to make their wishes known on key personal issues involving their health, housing and finances. Those who don't and are deemed by a court to be incapacitated and without responsible and appropriate family or friends may become Office of Public Guardian clients in the future. Every New Jersey resident is strongly encouraged to complete an advance directive for health care, a durable power of attorney for financial issues, health decisions and similar documents detailing your wishes or assigning a trusted family member or friend to make decisions for you if you become incapacitated.

What does the Office of the Public Guardian do when it is assigned to a client?
Once a court assigns a case to the Office of the Public Guardian, the office becomes completely responsible for the individual's well-being and assets. The office develops an individualized care plan for each client based on his or her physical, mental, social and financial needs, and then ensures the care plan is implemented and the client receives the required assistance.

How does the Office of the Public Guardian determine client physical, mental and social needs?
The Office of the Public Guardian employs care managers who meet with each new client and perform a psychosocial assessment to evaluate his or her current level of functioning and future needs. The care manager interviews the client, caretakers, family and friends, and other professionals involved to better understand the client's situation. Special emphasis is placed on obtaining a client's wishes in regards to medical treatment and end-of-life decision-making by questioning the client, their family or friends. A review of all medical and social service files is also completed to fill in any gaps. An individual care plan is then established for the client with input from the Public Guardian and the legal, financial and investigative units within the office.

How does the Office of the Public Guardian determine client financial needs?
First, an individual's assets and liabilities are managed by this office. These are then matched to the individual's personalized health situation. For example: if a client is living at home, a budget is developed to indicate income and expenses. If a client has limited funds, but could otherwise remain home, an application for in-home care assistance is made with Medicaid. However, if a client requires supervised living, a determination is made as to whether the client has enough funds to pay for privately, or an application for long-term care assistance is made with Medicaid. In reviewing the client's care needs and financial status, other possible resources for assistance, including Food Stamps, PAAD and Lifeline, are examined. A separate guardianship estate account is set up for each client to insure safety and integrity of his or her assets.

What does the Office of the Public Guardian do with all this information?
When the personal health and financial information is compiled, the office decides whether the client should continue to live at home with support services, or whether the client should be placed in a supervised living arrangement, such as an assisted living facility or nursing home. In making this decision, the recreational, socialization and personal needs of each client are carefully evaluated.

How is the determination made that a client can no longer remain at home?
The Office of the Public Guardian seeks to place clients in the least restrictive environment possible, and therefore makes every effort to keep the individual in his or her home. Depending on the client's needs and financial profile, home health care can be arranged or the client is placed in a nursing home or other long-term care facility. When a client is in need of 24-hour supervision and has depleted his or her assets to pay for such services at home, placement becomes the only viable alternative. In such cases, the office arranges for the sale of the client's home, furniture, and possessions and all the money raised from such sales are deposited into an account that is used exclusively for that client.

Does the Office of the Public Guardian ever help people who aren't incapacitated?
The Office of the Public Guardian may be appointed by a Superior Court judge as an older adult's conservator if the court believes the individual requires assistance with managing his or her financial or proprietary affairs. Such cases are rare and usually of short duration.

Does the Office of the Public Guardian ever release a client from its oversight?
Some clients may not remain incapacitated forever. The office has found that some clients, after receiving the necessary care, no longer require a guardian and the office may be discharged as guardian by application to the court.

How can someone contact the Office of the Public Guardian?
The Office of the Public Guardian can be contacted by mail, phone, fax or e-mail as follows:

Office of the Public Guardian for Elderly Adults
P.O. Box 812
Trenton, New Jersey 08625-0812
Tel.: 609-341-5555
Fax: 609-943-3464
Hours: Weekdays, 8:30 a.m. to 5:00 p.m. EST

How can someone get information on other programs administered in New Jersey to help seniors and their caregivers?
For more information on senior and caregiver services in your community, call NJEASE toll-free at 1-877-222-3737, or visit the Department of Health and Senior Services’ website at www.state.nj.us/health.

OPG brochure

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