New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S1829

Introduced

1/9/24

Refer

1/9/24

Caption

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

Impact

The legislation is poised to have a significant impact on the legal landscape regarding guardianship in New Jersey. It clarifies the roles and responsibilities of guardians and ensures that those who have previously cared for the incapacitated person may be considered for guardianship. This means that the courts will now have the discretion to assess the caregiving history of potential guardians, which may result in guardianship being awarded to individuals who have an established caring relationship with the incapacitated person, thus promoting continuity and stability in their care.

Summary

Senate Bill S1829 aims to amend the guardianship statutes in New Jersey by allowing courts to consider the previous care provided by individuals when granting letters of guardianship for incapacitated persons. The bill maintains the existing priority for spouses or domestic partners of the incapacitated individual to be awarded guardianship. If no spouse or domestic partner is available or willing to accept guardianship, the bill stipulates that the court may grant guardianship to heirs or friends instead. This change is intended to provide a more nuanced approach in determining the most suitable guardians for individuals who can no longer make decisions for themselves due to incapacity.

Contention

Notably, there may be points of contention around the implementation of this bill. Critics might argue that it could lead to disputes over the evaluation of 'previous care' and how it is defined or assessed by the court, which may complicate guardianship proceedings. Additionally, concerns may arise regarding the potential for unequal treatment of friends versus family members in guardianship appointments, particularly in cases where there are multiple individuals eligible or where relationships are complicated. Hence, while the bill attempts to improve guardianship laws, it may also introduce challenges in its practical application.