Bill
Bill > A4338
NJ A4338
NJ A4338Requires court to consider certain factors in appointing guardian and to justify guardianship appointment on record.
summary
Introduced
02/19/2026
02/19/2026
In Committee
02/19/2026
02/19/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 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 requires courts to consider several factors when deciding whether to appoint a guardian for an individual, which is a legal arrangement where a court appoints someone to make decisions for a person who is unable to make them for themselves, often due to incapacity. These factors include the individual's health, safety, and well-being, the potential guardian's ability to provide care, any existing relationship between them, medical evidence of the individual's incapacity, reports from legal counsel appointed to represent the individual, and any other relevant issues concerning the individual's care or management of their property. The bill mandates that any decision to appoint a guardian must be supported by clear and convincing evidence, meaning the evidence must be highly persuasive. Furthermore, the court must explicitly state on the record the specific reasons and evidence that justify the guardianship appointment, ensuring transparency and accountability in the process.
Committee Categories
Health and Social Services
Sponsors (1)
Last Action
Introduced, Referred to Assembly Aging and Human Services Committee (on 02/19/2026)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2026/A4338 |
| BillText | https://pub.njleg.gov/Bills/2026/A4500/4338_I1.HTM |
Loading...