Revises requirements concerning disqualification from registration as, and duties of, a professional guardian.

S3484

SENATE, No. 3484

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 12, 2026

Sponsored by:

Senator� JAMES BEACH

District 6 (Burlington and Camden)

SYNOPSIS

���� Revises requirements concerning disqualification from
registration as, and duties of, a professional guardian.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning professional guardians and amending
various parts of the statutory law.

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

���� 1.��� Section 3 of P.L.2005,
c.370 (C.52:27G-34) is amended to read as follows:

���� 3.��� a. �In addition to the
disqualification from registration as a professional guardian pursuant to
section 6 of this act, a person is ineligible for registration as a
professional guardian or, if registered, may have his registration suspended or
revoked pursuant to section 12 of this act, if the person:

���� (1)�� is an attorney who has
been disbarred or suspended from the� practice of law;

���� (2)�� was engaged in a
profession or occupation for which the person was licensed, certified or
registered by a board or other authorized entity in the State and his license,
certification or registration was suspended or revoked by the applicable board
or other authorized entity of the profession or occupation;

���� (3)�� has a criminal
conviction or has been found to be civilly liable for any matter involving
moral turpitude, abuse, neglect, fraud, misappropriation, misrepresentation,
theft or conversion;

���� (4)�� lacks financial
responsibility to serve as a registered professional guardian, as determined by
the Office of the Public Guardian for Elderly Adults;

���� (5)�� is found to have
committed abuse, neglect or exploitation of another person;

���� (6)�� is the subject of any
other disciplinary decision or civil adjudication that would prohibit the
person by law from providing services to children or vulnerable adults;

���� (7)�� fails to fulfill the
initial training or biennial continuing education courses pursuant to this act;

���� (8)�� misrepresents, conceals
or falsifies information on the registered guardian application form or annual
renewal form;

���� (9)�� is found to have
committed any act which results in a substantial change in the registered
guardian's qualifications to serve as a guardian;

���� (10)��� engages in conduct
which demonstrates unfitness to work as a registered professional guardian,
including, but not limited to, persistent or repeated violations of a court
order or engaging in any impropriety involving dishonesty, fraud, deceit or
misrepresentation;

���� (11)��� fails to cooperate
during the course of an investigation by the Office of the Public Guardian for
Elderly Adults or any law enforcement agency;

���� (12)��� repeatedly fails to
accept pro bono cases when assigned by the court;
[
or
]

���� (13)��� is the subject of a
court order, finding of fact or conclusion of law that indicates:

���� (a)�� a finding that the
professional guardian has violated the guardian's duties to an incapacitated
person or his estate;

���� (b)�� a failure to comply with
an order of the court;

���� (c)�� knowingly or negligently
engaging in misconduct which: benefits the professional guardian or another;
operates to deceive the court; causes serious or potentially serious injury to
a party, the public or the legal system; or causes serious or potentially
serious interference with a legal proceeding;

���� (d)�� endangering an
incapacitated person;

���� (e)�� conduct outside the
powers or role of a guardian;

���� (f)�� a repeated or
significant failure to perform guardian responsibilities or a dereliction of
fiduciary duties;

���� (g)�� a failure to file
required reports and forms;

���� (h)�� having engaged in
inappropriate billing or fee payment; or

���� (i)��� malfeasance,
nonfeasance or misfeasance
; or

���� (
14)��� knowingly engages
in any act of self-dealing including, but not limited to, taking advantage of
the professional guardian�s position in performing guardian responsibilities or
acting for the guardian�s own interests rather than for the interests of the incapacitated
adult.

���� b.��� A registered
professional guardian shall maintain records of all transactions and reports
associated with an incapacitated adult in his care and shall be subject to
audit or spot-check inspection at any reasonable time, at the discretion of the
public guardian and his authorized agents, to enable the public guardian to
verify satisfactory operational, fiscal and care management compliance by
professional guardians.

����
c.���� In addition to any
other civil or criminal penalty that may apply, any person whose registration
has been suspended or revoked pursuant to subsection a. of this section shall
be liable for a civil penalty of not less than $5,000 or more than $10,000.� Such
penalty may be imposed by the director and shall be collected by summary
proceedings instituted in accordance with the "Penalty Enforcement Law of
1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

����
d.��� Penalties assessed
pursuant to this section shall be in addition to any other civil or criminal
penalties that may be applicable pursuant to law.

(cf: P.L.2005, c.370, s.3)

���� 2.��� N.J.S.3B:12-56 is
amended to read as follows:

���� 3B:12-56.�� a.� A guardian of
the person of a ward is not legally obligated to provide for the ward from his
own funds.

���� b.��� A guardian of the person
of a ward is not liable to a third person for acts of the ward solely by reason
of the relationship and is not liable for injury to the ward resulting from the
wrongful conduct of a third person providing medical or other care, treatment
or service for the ward except to the extent that the guardian of the ward
failed to exercise reasonable care in choosing the provider.

���� c.���� If a ward has
previously executed a valid power of attorney for health care or advance
directive under P.L.1991, c.201 (C.26:2H-53 et seq.), or revocation pursuant to
section 5 of P.L.1991, c.201 (C.26:2H-57), a guardian of the ward shall act
consistent with the terms of such document unless revoked or altered by the
court.

���� d.��� To the extent
specifically ordered by the court for good cause shown, the guardian of the
person of the ward may initiate the voluntary admission, as defined in section
2 of P.L.1987, c.116 (C.30:4-27.2), of a ward to a State psychiatric facility,
as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2), or a private
psychiatric facility.� A ward so admitted shall be entitled to all of the
rights of a voluntarily admitted patient, which rights shall be exercised on
behalf of the ward by the guardian.� The guardian of the ward shall exercise
the ward's rights in a manner consistent with the wishes of the ward except to
the extent that compliance with those wishes would create a significant risk to
the health or safety of the ward.� If the wishes of the ward are not
ascertainable with reasonable efforts, the guardian of the ward shall exercise
the ward's rights in a manner consistent with the best interests of the ward.�
Notwithstanding the provisions of this section to the contrary, if the ward
objects to the initiation of voluntary admission for psychiatric treatment or
to the continuation of that voluntary admission, the State's procedures for
involuntary commitment pursuant to P.L.1987, c.116 (C.30:4-27.1 et seq.) shall
apply.� If the ward objects to any other decision of the guardian of the ward
pursuant to this section, this objection shall be brought to the attention of
the Superior Court, Chancery Division, Probate Part, which may, in its
discretion, appoint an attorney or guardian ad litem for the ward, hold a
hearing or enter such orders as may be appropriate in the circumstances.

����
e.���� A guardian of the
person of a ward has an affirmative duty to take actions that are not abusive,
neglectful, or exploitive of the ward, and to act in a manner that is in the
ward�s best interests when performing or not performing any task relating to
the provision of guardianship services to the ward.

(cf: P.L.2005, c.304, s.38)

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

���� 3B:12-57.�� 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
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
]

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)���
have an affirmative
duty to take actions that are not abusive, neglectful, or exploitive of the
ward, and to act in a manner that is in the ward�s best interests when
performing or not performing any task relating to the provision of guardianship
services to the ward
.

���� 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 own behalf whenever he is
able to do so, and to develop or regain higher capacity to make decisions in
those areas in which he is in need of guardianship services, to the maximum
extent possible.

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

���� 4.��� This act shall take
effect 60 days after the date of enactment.

STATEMENT

���� This bill amends section 3 of
P.L.2005, c.370 (C.52:27G-34) to expand the reasons why a person would be
ineligible for registration as a professional guardian or, if registered, may
have his registration suspended or revoked, and to establish civil penalties to
apply to a person who has engaged in any acts that disqualify the person from
registering or continuing to serve as a professional guardian.

���� Current law allows for the
disqualification of a person from registering or continuing to serve as a
professional guardian if the person engages in any disqualifying acts.� The
bill expands the list of disqualifying acts to include knowingly engaging in self-dealing
including, but not limited to, taking advantage of the professional guardian�s
position in performing guardian responsibilities or acting for the guardian�s
own interests rather than for the interests of the incapacitated adult.

���� Under current law, a person
who is disqualified from registering as a professional guardian or whose
registration to serve as a professional guardian has been revoked is not
subject to any criminal or civil penalties other than those applicable to the
disqualifying acts.� This bill provides for the imposition of a supplemental
civil penalty of not less than $5,000 or more than $10,000 on any person whose
registration has been suspended or revoked.� The civil penalty is in addition
to those penalties that are applicable to any of the disqualifying acts.

���� Current provisions of
N.J.S.A.3B:12-56 and N.J.S.A.3B:12-57, which describe the powers and duties of
a guardian of the person of a ward, do not indicate that the guardian has any
duty to avoid engaging in the abuse, neglect, or exploitation of the ward or to
act in the ward�s best interest.� This bill amends N.J.S.A.3B:12-56 and
N.J.S.A.3B:12-57 to stipulate that a guardian of the person of a ward has an
affirmative duty to take actions that are not abusive, neglectful, or
exploitive of the ward, and to act in a manner that is in the ward�s best
interests when performing or not performing any task relating to the provision
of guardianship services to the ward.