What is the difference between a conservatorship and a guardianship in New Jersey? Must one be a New Jersey citizen?

You need to obtain a guardianship, not a conservatorship.   In many states the two terms are synonymous but, in New Jersey, a conservatorship protects only individuals who are not mentally incapacitated and feel that a power of attorney is inadequate to protect their interests.  A New Jersey conservatorship only provides for property management; it does not allow for decision making regarding medical or personal needs.

In contrast, in New Jersey a guardianship covers the personal, medical and financial decisions of a mentally incapacitated adult.  There are two types of guardianship: guardian of the person (in charge of making personal and medical decisions), and guardian of the property (in charge of making financial decisions).  Most often one person will serve as both guardian of the person and property, but the duties can be divided between two or more guardians.  Because your father is deceased, you are next in line to serve as your mother’s guardian.

You should retain an experienced elder or family law attorney to shepherd you through the long, complex and often emotionally traumatic process required to secure a guardianship over a possibly unwilling mentally incapacitated parent.  You must file a petition must be filed with the surrogates office of the superior court for the county; the case will be heard before the Judge who presides over the Probate Part of the Chancery Division.  Among other things, your petition will have to include certifications from two doctors who have examined your mother no longer than thirty days prior to the filing of the petition, as well as a detailed accounting of your mother’s income, assets and liabilities.  You mother will have to be personally served, and will have the right to file an answer contesting the guardianship. 

She will be represented by a court-appointed independent attorney.  This individual will meet separately with you and your mother, and file a report with the court indicating whether the guardianship is appropriate.  The attorney also has the opportunity to file an answer contesting the guardianship complaint.  If the guardianship is granted, you will need to execute qualification forms and you will be issued letters of guardianship.  Most likely you will need to acquire a bond, which ensures against potential mismanagement or abuse of your mother’s assets.