Revises visitation and reporting rules for professional guardians.

A4280

ASSEMBLY, No. 4280

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

Co-Sponsored by:

Assemblywoman Carter

SYNOPSIS

���� Revises visitation and reporting rules for
professional guardians.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning professional guardians and amending
N.J.S.3B:12-57
and N.J.S.3B:12-42.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� N.J.S.3B:12-57 is amended
to read as follows:

���� 3B:12-57. �Powers and duties
of a guardian of the person of a ward.

���� a.���� (Deleted by amendment,
P.L.2005, c.304.)

���� b.��� (Deleted by amendment,
P.L.2005, c.304.)

���� c.���� (Deleted by amendment,
P.L.2005, c.304.)

���� d.��� (Deleted by amendment,
P.L.2005, c.304.)

���� e.���� (Deleted by amendment,
P.L.2005, c.304.)

���� f.���� In accordance with
Section 12 of P.L.2005, c.304 (C.3B:12-24.1), a guardian of the person of a
ward shall exercise authority over matters relating to the rights and best
interest of the ward's personal needs, only to the extent adjudicated by a
court of competent jurisdiction.� In taking or forbearing from any action
affecting the personal needs of a ward, a guardian shall give due regard to the
preferences of the ward, if known to the guardian or otherwise ascertainable
upon reasonable inquiry.� To the extent that it is consistent with the terms of
any order by a court of competent jurisdiction, the guardian shall:

���� (1)�� take custody of the ward
and establish the ward's place of abode in or outside of this State;

���� (2)�� personally visit the
ward or if a public agency which is authorized to act pursuant to P.L.1965,
c.59 (C.30:4-165.1 et seq.) and P.L.1970, c.289 (C.30:4-165.7 et seq.) or the
Office of the Public Guardian pursuant to P.L. 1985, c.298 (C.52:27G-20 et seq.)
or their� representatives which may include a private or public agency, visits
the ward not less than once every three months, or as deemed appropriate by the
court, and otherwise maintain sufficient contact with the ward to know
[
his
]
the ward�s

capacities, limitations, needs, opportunities
,
and physical and mental health;
except that, if a
registered professional guardian, visits the ward not less than once every
three weeks, or as deemed appropriate by the court, and otherwise maintain
sufficient contact with the ward to know the ward�s capacities, limitations,
needs, opportunities and physical and mental health;

���� (3)�� provide for the care,
comfort and maintenance and, whenever appropriate, the education and training
of the ward;

���� (4)�� subject to the
provisions of subsection c. of N.J.S.3B:12-56, give or withhold any consents or
approvals that may be necessary to enable the ward to receive medical or other
professional care, counsel, treatment or service;

���� (5)�� take reasonable care of
the ward's clothing, furniture, vehicles and other personal effects and, where
appropriate, sell or dispose of such effects to meet the current needs of the
ward;

���� (6)�� institute an action for
the appointment of a guardian of the property of the ward, if necessary for the
protection of the property;

���� (7)�� develop a plan of
supportive services for the needs of the ward and a plan to obtain the
supportive services;

���� (8)�� if necessary, institute
an action against a person having a duty to support the ward or to pay any sum
for the ward's welfare in order to compel the performance of the duties;

���� (9)�� receive money, payable
from any source for the current support of the ward, and tangible personal
property deliverable to the ward.� Any sums so received shall be applied to the
ward's current needs for support, health care, education and training in the
exercise of the guardian's reasonable discretion, with or without court order,
with or without regard to the duty or ability of any person to support or
provide for the ward and with or without regard to any other funds, income or
property that may be available for that purpose, unless an application is made
to the court to establish a supplemental needs trust or other trust
arrangement.� However, the guardian may not use funds from the ward's estate
for room and board, which the guardian, the guardian's spouse or domestic
partner as defined in section 3 of P.L.2003, c. 246 (C.26:8A-3), parent or
child have furnished the ward, unless agreed to by a guardian of the ward's
estate pursuant to N.J.S.3B:12-41, or unless a charge for the service is
approved by order of the court made upon notice to at least one of the heirs of
the ward, if possible.� The guardian shall exercise care to conserve any excess
funds for the ward's needs;
[
and
]

���� (10) If necessary, institute
an action that could be maintained by the ward including but not limited to,
actions alleging fraud, abuse, undue influence and exploitation
; and

����
(11)� Report at time
intervals as ordered by the court, the condition of the ward and the condition
of the ward�s estate which has been subject to the guardian�s possession or
control
.

���� g.��� In the exercise of the
foregoing powers, the guardian shall encourage the ward to participate with the
guardian in the decision-making process to the maximum extent of the ward's
ability in order to encourage the ward to act on
[
his
]
the ward�s
own behalf
whenever
[
he
]
the ward

is able to do so, and to develop or regain higher capacity to make decisions in
those areas in which
[
he
]
the ward

is in need of guardianship services, to the maximum extent possible.

(cf: P.L.2005, c.304, s.39)

���� 2.��� N.J.S.3B:12-42 is
amended to read as follows:

���� 3B:12-42.� Reporting condition
of ward's person and property to court.

���� A guardian shall report at
time intervals as ordered by the court, unless otherwise waived by the court,
the condition of the ward and the condition of the ward's estate which has been
subject to the guardian's possession or control as ordered by the court.

���� a.���� A report by the
guardian of the person shall state or contain:

���� (1)�� the current mental,
physical and social condition of the ward;

���� (2)�� the living arrangements
for all addresses of the ward during the reporting period;

���� (3)�� the medical,
educational, vocational and other services provided to the ward and the
guardian's opinions as to the adequacy of the ward's care;

���� (4)�� a summary of the
guardian's visits with the ward and activities on the ward's behalf and the
extent to which the ward has participated in decision-making;

���� (5)�� if the ward is
institutionalized, whether or not the guardian considers the current plan for
care, treatment or habilitation to be in the ward's best interest;

���� (6)�� plans for future care;
and

���� (7)�� a recommendation as to
the need for continued guardianship and any recommended changes in the scope of
the guardianship.

���� b.��� The court may appoint an
individual to review a report, interview the ward or guardian and make any
other investigation the court directs.

���� c.���� Agencies authorized to
act pursuant to P.L.1985, c. 298 (C.52:27G-20 et seq.), P.L.1985, c. 145
(C.30:6D-23 et seq.), P.L.1965, c. 59 (C.30:4-165.1 et seq.) and P.L.1970, c.
289 (C.30:4-165.7 et seq.) and public officials appointed as limited guardians
of the person for medical purposes for individuals in psychiatric facilities
listed in R.S.30:1-7 shall be exempt from this section.

����
d.� A family member may
request, upon a motion to the Court, a report from a registered professional
guardian, prepared at time intervals as ordered by the court, concerning the
condition of the ward and the condition of the ward's estate which has been
subject to the guardian's possession or control
.

(cf: P.L. 2005, c.304, s.29)

���� 3.��� This act shall take
effect immediately.

STATEMENT

���� This bill revises the duty of
professional guardians to meet with and report on the status of an
incapacitated ward.� At present, persons appointed guardian of the person of a
ward, including persons appointed to serve as registered professional guardians,
have an obligation to visit the ward and to maintain sufficient contact with
the ward to know the ward�s capacities, limitations, needs, opportunities and
physical and mental health.� N.J.S.A.3B:12-57 provides general rules for
guardians, which include that the guardian personally visit the ward not less
than once every three months, or as deemed appropriate by the court, and
otherwise maintain sufficient contact with the ward to know the ward�s
capacities, limitations, needs, opportunities and physical and mental health.�
This bill would require a registered professional guardian, who is compensated
for guardianship services, to personally meet with the ward not less than once
every three weeks, or as deemed appropriate by the court.�

���� The bill further provides that
a family member of the ward may, upon motion to the Court, request a report be
prepared by a registered professional guardian concerning the condition of the
ward and the condition of the ward's estate which has been subject to the
guardian's possession or control as ordered by the court.