ASSEMBLY, No. 5131
STATE OF NEW JERSEY
220th LEGISLATURE
INTRODUCED FEBRUARY 6, 2023
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 reported by the Assembly Aging and Senior Services Committee on May 18, 2023, with amendments.
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:
1[(i)](1)1 the health, safety, and the well-being of the individual;
1[(ii)](2)1 the ability of the potential guardian to care for the individual;
1[(iii)](3)1 any pre-established relationship between the potential guardian and the individual;
1[(iv)](4)1 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.