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NJ A4338
Bill
Status
2/19/2026
Primary Sponsor
Shanique Speight
Click for details
AI Summary
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Requires courts to consider specific factors when appointing a guardian for an adult, including the individual's health, safety, and well-being; the potential guardian's ability to provide care; any pre-existing relationship between them; and physician certifications of incapacity.
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Courts must also consider reports from court-appointed counsel for the alleged incapacitated individual and any issues relevant to their care or estate management.
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Guardianship determinations must be based on clear and convincing evidence after consideration of all required factors.
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Courts must specifically place on the record the factors and evidence justifying the appointment of a guardian for an individual.
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Applies to general and temporary guardianship, guardianship for the person, guardianship for the estate, or both.
Legislative Description
Requires court to consider certain factors in appointing guardian and to justify guardianship appointment on record.
Aging and Human Services
Last Action
Introduced, Referred to Assembly Aging and Human Services Committee
2/19/2026