Bill > A1189

Introduced Session

This bill amends section 3 of P.L.2005, c.370 (C.52:27G-34) to expand the reasons why a person would be ineligible for registration as a professional guardian or, if registered, the reasons why the professional guardian may have their registration suspended or revoked, and to establish civil penalties to apply to a person who has engaged in any acts that disqualify the person from registering or continuing to serve as a professional guardian. Current law allows for the disqualification of a person from registering or continuing to serve as a professional guardian if the person engages in any disqualifying acts. The bill expands the list of disqualifying acts to include knowingly engaging in self-dealing including, but not limited to, taking advantage of the professional guardian's position in performing guardian responsibilities or acting for the guardian's own interests rather than for the interests of the incapacitated adult. Under current law, a person who is disqualified from registering as a professional guardian or whose registration to serve as a professional guardian has been revoked is not subject to any criminal or civil penalties other than those applicable to the disqualifying acts. This bill provides for the imposition of a supplemental civil penalty of not less than $5,000 or more than $10,000 on any person whose registration has been suspended or revoked. The civil penalty is in addition to those penalties that are applicable to any of the disqualifying acts. Current provisions of N.J.S.A.3B:12-56 and N.J.S.A.3B:12-57, which describe the powers and duties of a guardian of the person of a ward, do not indicate that the guardian has any duty to avoid engaging in the abuse, neglect, or exploitation of the ward or to act in the ward's best interest. This bill amends N.J.S.A.3B:12-56 and N.J.S.A.3B:12-57 to stipulate that a guardian of the person of a ward has an affirmative duty to take actions that are not abusive, neglectful, or exploitive of the ward, and to act in a manner that is in the ward's best interests when performing or not performing any task relating to the provision of guardianship services to the ward.

AI Summary

Committee Categories

Reginald Atkins (D)*,  Carol Murphy (D)*, 

Introduced, Referred to Assembly Aging and Human Services Committee (on 01/09/2024)

Official Document