People sometimes ask me whether guardianship records are publicly accessible. They’re worried about a family member or loved one’s private information becoming public.
And for good reason. If you file for guardianship, you’re asking the court to declare that someone is incapacitated, to find that someone can’t make decisions for himself. You have to prove to the court that the person is incapacitated. That often involves sharing medical records, financial information, and accounts of strange or embarrassing behavior, things that you wouldn’t necessarily want to be publicly accessible to anyone.
The good news is that in New Jersey, while other court records may be public, guardianship court records generally are not publicly accessible. This is because of a specific rule, New Jersey Court Rule 1:38-3(e), which says that guardianship records and reports are not public.
There are a few exceptions to this. Attorneys and certain other professionals can access certain limited information, like names and dates related to the case. Also, immediate family members of the person under guardianship, like the person’s parents or adult children, can access the full record of the case, including medical and financial records. Others can also access the full record if they make a showing of special interest to the judge, but in general, guardianship records are not accessible to the public.
So if you’re considering filing for guardianship, but you’re concerned about the records being public, hopefully this will put your mind at ease to some degree. And if you have other questions about guardianship, call or email FriedmanLaw.