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NJ A4388

NJ A4388
Allows court to consider previous care when granting letters of guardianship for incapacitated person.


summary

Introduced
05/16/2024
In Committee
05/16/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill clarifies the order of eligibility of certain persons for letters of guardianship. The bill maintains the existing priority status of the spouse or domestic partner of the incapacitated person to receive letters of guardianship. If no spouse or domestic partner is available, able, or willing to accept letters of guardianship, then letters are to be granted to the incapacitated person's heirs or friends. The bill provides that in granting letters of guardianship, the court may give consideration to a person or persons who can demonstrate that they provided previous care in the best interest of the incapacitated person or their estate. Finally, the bill explicitly states that the appointed guardian is required to perform the duties and responsibilities of guardianship in the best interest of the incapacitated person, whether appointed as guardian for the person, guardian for the estate, or guardian of the person and estate.

AI Summary

This bill clarifies the order of eligibility for letters of guardianship for an incapacitated person. The bill maintains the existing priority status of the spouse or domestic partner of the incapacitated person to receive letters of guardianship. If no spouse or domestic partner is available, able, or willing, the letters of guardianship shall be granted to the incapacitated person's heirs or friends. The court may also consider a person or persons who can demonstrate they provided previous care in the best interest of the incapacitated person or their estate. Finally, the bill explicitly states that the appointed guardian must perform their duties and responsibilities in the best interest of the incapacitated person.

Committee Categories

Health and Social Services

Sponsors (4)

Last Action

Introduced, Referred to Assembly Aging and Human Services Committee (on 05/16/2024)

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