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Bill > S1827

NJ S1827

NJ S1827
Requires court to consider certain factors in appointing guardian and to justify guardianship appointment on record.

summary

Introduced
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

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 the bill, the court is required to consider, but is not limited to, the following factors: 1) the safety and the well-being of the individual; 2) the ability of the potential guardian to care for the individual; 3) any pre-established relationship between the potential guardian and the individual; 4) any affidavits or certifications provided by physicians evidencing the individual's incapacity; 5) any report provided to the court by a court-appointed counsel for the alleged incapacitated individual in an incapacity hearing; and 6) 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.

AI Summary

This bill establishes specific factors a court must consider when determining whether to appoint a guardian for an individual, including the individual's well-being, the potential guardian's ability to provide care, any pre-existing relationship between the individual and potential guardian, medical evidence of incapacity, reports from court-appointed counsel, and other relevant issues. The bill requires any guardianship determination to be based on clear and convincing evidence, and the court must specifically place on the record the factors and evidence justifying the appointment of a guardian.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/09/2024)
(2 Companion Bills)

bill text

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bill summary

Document Type Source Location
State Bill Page https://www.njleg.state.nj.us/bill-search/2024/S1827
BillText https://pub.njleg.gov/Bills/2024/S2000/1827_I1.HTM
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