Bill Text: NJ A5133 | 2022-2023 | Regular Session | Introduced
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-Introduced.html
Sponsored by:
Assemblywoman ANGELA V. MCKNIGHT
District 31 (Hudson)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex)
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Establishes presumptive eligibility of certain persons for letters of guardianship.
CURRENT VERSION OF TEXT
As introduced.
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 estate or a guardian for the person and estate. Letters of guardianship shall be granted to the spouse or domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), if the spouse is living with the incapacitated person as man and wife or as a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3) at the time the incapacitation arose, or, if no spouse or domestic partner is available, able, or willing to accept letters of guardianship, to the incapacitated person's heirs, or friends, 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 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 office, or if 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 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.
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.
STATEMENT
This bill clarifies the order of eligibility of certain persons for letters of guardianship.
The bill maintains the existing priority status of the spouse or domestic partner of the alleged incapacitated person to receive letters of guardianship. The bill then establishes a presumptive eligibility for a person or persons who can demonstrate that they previously cared for the alleged incapacitated person.
