Allows court to consider previous care when granting letters of guardianship for incapacitated person.

A4293

ASSEMBLY, No. 4293

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

���� Allows court to consider previous care when granting
letters of guardianship for incapacitated person.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning guardianship of certain persons and amending
N.J.S.3B:12-25.

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

���� 1.��� N.J.S.3B:12-25 is
amended to read as follows:

���� 3B:12-25.�� Appointment of
guardian.

���� The Superior Court may
determine the incapacity of an alleged incapacitated person and appoint a
guardian for the person, guardian for the estate
,
or a guardian for the
person and estate.�
The appointed guardian shall perform the duties and
responsibilities of guardianship in the best interest of the incapacitated
person, whether appointed as guardian for the person, guardian for the estate,
or guardian of the person and estate.
� Letters of guardianship shall be
granted to the spouse or domestic partner
,
as defined in section 3 of
P.L.2003, c.246 (C.26:8A-3),
of the incapacitated person
if the spouse
[
is
]

or
domestic partner was
living with the incapacitated person as
[
man and wife
]

a spouse

or as a domestic partner
[
as
defined in section 3 of P.L.2003, c.246 (C.26:8A-3)
]
at the time the incapacitation
arose
[
,
or
]

.�
If no spouse or domestic partner is available, able, or willing to accept
letters of guardianship, then the letters of guardianship shall be granted

to the incapacitated person's heirs
[
,
]
or friends

[
, or
thereafter
]

.� Thereafter,
first consideration shall be given to the Office of the
Public Guardian for Elderly Adults in the case of adults within the statutory
mandate of the office
[
,
or if
]

.� If
none of them will accept the letters or it is proven to the court
that no appointment from among them will be to the best interest of the
incapacitated person or the estate, then
letters of guardianship shall be
issued
to any other proper person as will accept the same, and if
applicable, in accordance with the professional guardianship requirements of
P.L.2005, c.370 (C.52:27G-32 et al.).�

���� Consideration may be given to
surrogate decision-makers, if any, chosen by the incapacitated person before
the person became incapacitated by way of a durable power of attorney pursuant
to section 4 of P.L.2000, c.109 (C.46:2B-8.4), health care proxy or advance
directive.�
Consideration may also be given to a person or persons who can
demonstrate that they provided previous care in the best interest of the
incapacitated person or the incapacitated person�s estate.

���� The Office of the Public
Guardian for Elderly Adults shall have the authority to not accept guardianship
in cases determined by the public guardian to be inappropriate or in conflict
with the office.

(cf: P.L.2005, c.370, s.13)

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

STATEMENT

���� This bill clarifies the order
of eligibility of certain persons for letters of guardianship.� The bill
maintains the existing priority status of the spouse or domestic partner of the
incapacitated person to receive letters of guardianship.� If no spouse or
domestic partner is available, able, or willing to accept letters of
guardianship, then letters are to be granted to the incapacitated person's
heirs or friends.� The bill provides that in granting letters of guardianship,
the court may give consideration to a person or persons who can demonstrate
that they provided previous care in the best interest of the incapacitated
person or their estate.� Finally, the bill explicitly states that the appointed
guardian is required to perform the duties and responsibilities of guardianship
in the best interest of the incapacitated person, whether appointed as guardian
for the person, guardian for the estate, or guardian of the person and estate.