New Jersey Senate Bill S1483

New Jersey 2022-2023 Regular Session

• Introduced: 2/10/22
• Refer: 2/10/22

Caption

Revises and updates law pertaining to guardianship to encourage ethical conduct by guardians and to provide stronger protections for wards and proposed wards.

Impact

The bill significantly revises the existing legal framework governing guardianship by introducing stricter oversight and accountability for guardians. It mandates that courts authorize only the least restrictive level of intervention, aligning the intervention level with the welfare and safety of the ward. Additionally, guardians are required to operate in the best interests of the ward, taking into account their expressed wishes and preferences. With these changes, the bill aims to create a system that respects the autonomy of wards while ensuring their protection, thereby updating the existing guardianship statutes to reflect modern ethical standards.

Summary

Senate Bill S1483 aims to revise and update the guardianship laws in New Jersey to provide enhanced protections for wards and proposed wards, and to promote ethical conduct among guardians. One of the critical measures introduced by the bill is the requirement for a ward or proposed ward to be represented by legal counsel throughout the guardianship proceedings. This provision not only emphasizes the importance of appropriate legal representation but also mandates that counsel interview the ward before hearings to ensure the ward's views are adequately represented in court. Furthermore, if any ward cannot afford legal representation, the court is required to appoint counsel to ensure fairness in the proceedings.

Contention

Some points of contention surrounding S1483 include concerns regarding the guardianship powers and fiduciary responsibilities. The bill enhances the accountability of guardians by clarifying their obligations and liabilities when acting on behalf of a ward. Guardians found to have breached their duties can be held liable for damages, similar to trustees of express trusts. Critics worry that such stringent provisions may deter potential guardians from taking on responsibilities due to the fear of liability. Furthermore, the bill's requirements for more frequent and detailed reporting to the court may also raise concerns about the increased administrative burden on guardians, particularly in cases involving those with significant assets or complex needs.