Sponsored by:
Assemblywoman ANGELA V. MCKNIGHT
District 31 (Hudson)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex)
Co-Sponsored by:
Assemblyman Stanley
SYNOPSIS
Requires court to consider certain factors in appointing guardian and to justify guardianship appointment on record.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning guardianship of an adult and supplementing Title 3B of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. In any proceeding involving the court determining the need for guardianship services for an individual pursuant to section 12 of P.L.2005, c.304 (C.3B:12-24.1) and N.J.S.3B:12-25, the court shall consider, but is not limited to, the following factors:
(i) the health, safety, and the well-being of the individual;
(ii) the ability of the potential guardian to care for the individual;
(iii) any pre-established relationship between the potential guardian and the individual;
(iv) any affidavits or certifications provided by physicians evidencing the individual’s incapacity as defined pursuant to N.J.S.3B:1-2;
(v) any report provided to the court by a court-appointed counsel for the alleged incapacitated individual in an incapacity hearing; and
(vi) any issue relevant to the care of the alleged incapacitated individual or the management of the individuals estate.
b. After consideration of the factors set forth in subsection a. of this section, any determination that an individual is in need of guardianship services pursuant to section 12 of P.L.2005, c.304 (C.3B:12-24.1) and N.J.S.3B:12-25 shall be based on clear and convincing evidence.
c. The court shall specifically place on the record the factors and evidence which justify the appointment of a guardian for an individual.
2. This act shall take effect immediately.
STATEMENT
This bill establishes factors a court is required to consider when making a guardianship determination for an individual. This bill would apply to general and temporary guardianship, guardianship for the person, guardianship for the estate, or both.
Under current law, the court is not required to consider specific factors when making a guardianship determination or to record the specific factors which justify making a guardianship determination.
Under the bill, the court is required to consider, but is not limited to, the following factors: (i) the safety and the well-being of the individual; (ii) the ability of the potential guardian to care for the individual; (iii) any pre-established relationship between the potential guardian and the individual; (iv) any affidavits or certifications provided by physicians evidencing the individual’s incapacity; (v) any report provided to the court by a court-appointed counsel for the alleged incapacitated individual in an incapacity hearing; and (vi) any issue relevant to the care of the alleged incapacitated individual or the management of the individual’s estate. The bill requires any determination for guardianship to be based on clear and convincing evidence.
Finally, the court is required to specifically place on the record the factors and evidence which justify the appointment of a guardian for an individual.