Recent
Changes in Guardianship Law
by
Herbert D. Hinkle, Esq. and Valerie A. Powers Smith,
Esq.
Hinkle,
Fingles & Prior, Attorneys at Law
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
The
New Jersey Legislation recently overhauled the state
guardianship law. Many of the changes are not new,
but merely incorporate requirements imposed by the
courts over the past decade or so.
For
instance, the new law creates three types of guardians
that a judge can appoint depending on the individual’s
needs and situation. They are a general guardian,
a limited guardian, and a temporary guardian. A general
guardian may be granted if the court finds that the
individual is incapacitated, without the capacity
to govern him or herself or manage his or her affairs.
If the court finds the individual is incapacitated
yet has the capacity to do some, but not all, of the
tasks necessary to care for himself, the court may
appoint a limited guardian. The court can grant a
temporary guardianship when necessary while a complaint
for guardianship is pending.
The
law adds stronger protections for the ward, including,
but not limited to, requiring the guardian to encourage
the ward’s participation in the decision-making
process; and to file annual reports with the court
about the ward’s condition and estate.
The
law also specifically states that a guardian is shielded
from liability for injury caused to ward by a third
party treatment provider, such as a visiting nurse
or personal care assistant, so long as reasonable
care was exercised in the hiring of same.
Lastly,
for families moving to New Jersey with a guardianship
established in another state, the new law provides
a streamlined case procedure to permit the transfer
of the guardianship to New Jersey.
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Hinkle,
Fingles, & Prior maintains a multi-state law practice
with offices in Lawrenceville, Marlton, and Florham
Park, New Jersey, and Yardley, and Plymouth Meeting,
Pennsylvania. They lecture and write frequently on
topics of law, aging, disability and estate planning
and are available
to speak to groups in New Jersey
and Pennsylvania at no charge.
Comments
and suggestions for future articles should be mailed
to: Hinkle, Fingles & Prior, Attorneys at Law,
2651 Main Street, Suite A, Lawrenceville, New Jersey
08648-1012.
Copyright
2006 Herbert D. Hinkle. All rights reserved.
