Revises and updates law pertaining to conservatorship to encourage ethical conduct by conservators and to provide stronger protections for conservatees and proposed conservatees.
The bill proposes several amendments to existing laws, including the necessity for conservators to file formal accounting every six months. This provision aims to enhance transparency and accountability in the management of a conservatee's estate. The legislation also stipulates that courts must review these files annually to assess the actions of conservators, ensuring they act in the best interests of the conservatees. By requiring regular reporting, the bill seeks to create a system where conservators are held responsible for their management decisions, thereby reducing potential abuses of power.
Bill S2318 aims to update and strengthen the existing conservatorship laws in New Jersey to enhance protections for conservatees and proposed conservatees. The bill mandates that individuals undergoing conservatorship proceedings be represented by counsel throughout the process. Additionally, attorneys must interview their clients within 72 hours prior to any scheduled hearings. This change is intended to ensure that conservatees have adequate legal representation and support, reinforcing their rights during these proceedings. Another significant revision includes the requirement for a court investigation anytime there is an allegation of a conservatee's inability to attend hearings, ensuring due diligence in assessing the conservatee's condition.
One notable point of contention in the discussions surrounding S2318 relates to the removal of the catch-all provision that allowed anyone concerned about a conservatee's well-being to initiate conservatorship proceedings. Critics argue this change may limit access to conservatorships in certain situations while supporters claim it streamlines the process and discourages frivolous actions. Furthermore, the requirement of continuous legal representation for conservatees is aimed at facilitating a more equitable system, yet some stakeholders express concerns about the potential increase in legal costs associated with ongoing legal counsel.