Bill Text: NJ S1829 | 2024-2025 | Regular Session | Introduced
Bill Title: Allows court to consider previous care when granting letters of guardianship for incapacitated person.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Judiciary Committee [S1829 Detail]
Download: New_Jersey-2024-S1829-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Allows court to consider previous care when granting letters of guardianship for incapacitated person.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
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. The 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. 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), of the incapacitated person if the spouse [is] or domestic partner was living with the incapacitated person as [man and wife] a spouse 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, then the letters of guardianship shall be granted to the incapacitated person's heirs[,] or friends [, or thereafter] . 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] . 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 letters of guardianship shall be issued 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. Consideration may also be given to a person or persons who can
demonstrate that they provided previous care in the best interest of the
incapacitated person or the incapacitated person's estate.
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 incapacitated person to receive letters of guardianship. If no spouse or domestic partner is available, able, or willing to accept letters of guardianship, then letters are to be granted to the incapacitated person's heirs or friends. The bill provides that in granting letters of guardianship, the court may give consideration to a person or persons who can demonstrate that they provided pervious care in the best interest of the incapacitated person or their estate. Finally, the bill explicated states that the appointed guardian is required to 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.
