Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Establishes centralized, Statewide registry and auditing system for court-appointed guardians.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning accountings in guardianship cases and supplementing Title 3B of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Administrative Office of the Courts shall establish and maintain a centralized, Statewide registry and auditing system for all guardians appointed by the court pursuant to the provisions of N.J.S.3B:12-1 et seq. The registry and auditing system shall review all reports that such guardians are required to file pursuant to court order, the provisions of this Title, and the Rules of Court, including but not limited to the initial inventory of the property and income of the incapacitated person’s estate and the annual accounting report.
2. This act shall take effect on the 90th day following enactment and shall apply to all existing guardianships and all guardianships commenced on or after the effective date.
STATEMENT
Under current law, a guardian who is appointed by the court, pursuant to the provisions of N.J.S.3B:12-1 et seq., to make decisions concerning the property of an incapacitated adult is required to file certain accountings concerning that property. Although the statutes and Rules of Court require guardians to file an initial inventory of the incapacitated person’s property and annual accounting reports, the review and oversight of such reports may vary from county to county.
This bill requires the Administrative Office of the Courts to establish and maintain a centralized, Statewide registry and auditing system for all guardians appointed by the court. The registry and auditing system would review all reports that such guardians are required to file pursuant to court order, the provisions of Title 3B of the New Jersey Statutes, and the Rules of Court, including but not limited to the initial inventory of the property and income of the incapacitated person's estate and the annual accounting report.
Currently, professional guardians (those who care for five or more wards) must register with the Office of the Public Guardian for Elderly Adults pursuant to P.L.2005, c.370 (C.52:27G-32 et seq.). This office maintains a State-wide registry of professional guardians, who are subject to audit and spot-check inspections at the discretion of the public guardian. The provisions of this bill would establish a new State-wide registry for all guardians, including those who are not professional guardians, and would implement universal auditing and oversight.
This bill was prompted by an Asbury Park Press report, “Betrayal of Trust,” published in July 2015. The report detailed theft and financial neglect by certain court-appointed guardians for the elderly and recommended stronger oversight. This bill is intended to provide such oversight and to deter guardians’ misconduct.
The bill would take effect on the 90th day following enactment and would apply to all guardianships commenced on or after the effective date as well as to existing guardianships.