NJ A962

Guardianship complaints for minors anticipated to need a guardian at age 18 may be filed up to 180 days (six months) before the minor turns 18, with any resulting guardianship judgment taking effect no earlier than the minor's 18th birthday.

Once filed, a guardianship complaint cannot be withdrawn unless the applicant demonstrates the alleged incapacitated person is deceased or has capacity, which may be shown through witness testimony without requiring medical evidence.

The bill amends procedures for individuals receiving functional services through the Division of Developmental Disabilities, allowing parents, relatives, or interested parties to initiate guardianship proceedings up to 180 days before a minor turns 18.

The legislation takes effect on the first day of the fourth month following enactment.