Bill Text: NJ A1603 | 2018-2019 | Regular Session | Introduced
Bill Title: Prohibits paid caretakers from being appointed guardian or granted power of attorney for individual with disability.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Health and Senior Services Committee [A1603 Detail]
Download: New_Jersey-2018-A1603-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblywoman . ANGELA V. MCKNIGHT
District 7 (Burlington)
SYNOPSIS
Prohibits paid caretakers from being appointed guardian or granted power of attorney for individual with disability.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act prohibiting guardianship or power of attorney for certain individuals and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding any law to the contrary, an individual who is receiving financial compensation for providing direct services to an individual with a disability shall not be appointed by the State as a guardian for that individual with a disability pursuant to P.L.1970, c.289 (C.30:4-165.7 et seq.) or as an agent with a power of attorney for that individual with a disability pursuant to P.L.1991, c.95 (C.46:2B-10 et seq.) or P.L.2000, c.109 (C.46:2B-8.1 et seq.).
As used in this section:
"Direct services" means assistance in daily living tasks, personal care services, or other tasks defined by the Department of Human Services that are provided to an individual with a disability to assist the individual to live in the community.
2. The Commissioner of Human Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations as the commissioner determines necessary to effectuate the purposes of this act.
3. This act shall take effect immediately.
STATEMENT
This bill would prohibit an individual who receives compensation to provide direct care to a person with a disability from being appointed as the person's guardian or granted power of attorney for that person. "Direct care services" are defined to mean assistance in daily living tasks, personal care services, or other task provided to an individual with a disability to assist the individual to live in the community.
