Bill Text: NJ A5133 | 2022-2023 | Regular Session | Amended

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Bill Title: Allows court to consider previous care when granting letters of guardianship for incapacitated person.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2023-05-18 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A5133 Detail]

Download: New_Jersey-2022-A5133-Amended.html

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[First Reprint]

ASSEMBLY, No. 5133

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED FEBRUARY 6, 2023

 

 

Sponsored by:

Assemblywoman  ANGELA V. MCKNIGHT

District 31 (Hudson)

Assemblywoman  SHANIQUE SPEIGHT

District 29 (Essex)

Assemblywoman  CAROL A. MURPHY

District 7 (Burlington)

 

 

 

 

SYNOPSIS

     Allows court to consider previous care when granting letters of guardianship for incapacitated person.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Aging and Senior Services Committee on May 18, 2023, with amendments.

  

An Act concerning guardianship of certain persons and amending N.J.S.3B:12-25.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    N.J.S.3B:12-25 is amended to read as follows:

     3B:12-25.   Appointment of guardian.

     The Superior Court may determine the incapacity of an alleged incapacitated person and appoint a guardian for the person, guardian for the estate¹,¹ or a guardian for the person and estate.  ¹The appointed guardian shall perform the duties and responsibilities of guardianship in the best interest of the incapacitated person, whether appointed as guardian for the person, guardian for the estate, or guardian of the person and estate.¹  Letters of guardianship shall be granted to the spouse or domestic partner¹,¹ as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), ¹of the incapacitated person¹ if the spouse ¹[is] or domestic partner was¹ living with the incapacitated person as ¹[man and wife] a spouse¹ or as a domestic partner ¹[as defined in section 3 of P.L.2003, c.246 (C.26:8A-3)]¹ at the time the incapacitation arose¹[, or, if] .  If¹ no spouse or domestic partner is available, able, or willing to accept letters of guardianship,¹then the letters of guardianship shall be granted¹ to the incapacitated person's heirs¹[,]¹ or friends¹[, with presumptive eligibility for letters of guardianship for a person or persons who can demonstrate that they provided previous care of the alleged incapacitated person, or thereafter] .  Thereafter,¹ first consideration shall be given to the Office of the Public Guardian for Elderly Adults in the case of adults within the statutory mandate of the office¹[, or if] .  If¹ none of them will accept the letters or it is proven to the court that no appointment from among them will be to the best interest of the incapacitated person or the estate, then ¹letters of guardianship shall be issued¹ to any other proper person as will accept the same, and if applicable, in accordance with the professional guardianship requirements of P.L.2005, c.370 (C.52:27G-32 et al.). 

     Consideration may be given to surrogate decision-makers, if any, chosen by the incapacitated person before the person became incapacitated by way of a durable power of attorney pursuant to section 4 of P.L.2000, c.109 (C.46:2B-8.4), health care proxy or advance directive.  ¹Consideration may also be given to a person or persons who can demonstrate that they provided pervious care in the best interest of the incapacitated person or the incapacitated person's estate.¹

     The Office of the Public Guardian for Elderly Adults shall have the authority to not accept guardianship in cases determined by the public guardian to be inappropriate or in conflict with the office.

(cf: P.L.2005, c.370, s.13)

 

     2.  This act shall take effect immediately.