Bill > A5133

This bill amends the existing law to allow the court to consider previous care provided to the incapacitated person when granting letters of guardianship. The bill specifies that the appointed guardian, whether for the person, estate, or both, must perform their duties in the best interest of the incapacitated person. It also provides that if no spouse or domestic partner is available, able, or willing to accept the letters of guardianship, then they shall be granted to the incapacitated person's heirs or friends, with presumptive eligibility for a person or persons who can demonstrate they provided previous care. The bill also allows the court to consider surrogate decision-makers chosen by the incapacitated person before they became incapacitated, as well as a person or persons who can demonstrate they provided previous care in the best interest of the incapacitated person or their estate.

Justice

https://www.njleg.state.nj.us/bill-search/2022/A5133