Read the full stored bill text
S3600
SENATE, No. 3600
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Senator� ANTHONY M. BUCCO
District 25 (Morris and Passaic)
SYNOPSIS
���� Revises procedures for temporary guardianship.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning temporary guardianships and amending
P.L.2005, c.304
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1. Section 12 of P.L.2005,
c.304 (C.3B:12-24.1) is amended to read as follows:
���� 12. Determination by the court
of need for guardianship services, specific services.
���� a.���� General Guardian. If
the court finds that an individual is incapacitated as defined in N.J.S.3B:1-2
and is without capacity to govern himself or manage his affairs, the court may
appoint a general guardian who shall exercise all rights and powers of the incapacitated
person. �The general guardian of the estate shall furnish a bond conditioned as
required by the provisions of N.J.S.3B:15-1 et seq., unless the guardian is
relieved from doing so by the court.
���� b.��� Limited Guardian. If the
court finds that an individual is incapacitated and lacks the capacity to do
some, but not all, of the tasks necessary to care for himself, the court may
appoint a limited guardian of the person, limited guardian of the estate, or
limited guardian of both the person and estate.� A court, when establishing a
limited guardianship shall make specific findings regarding the individual's
capacity, including, but not limited to which areas, such as residential,
educational, medical, legal, vocational and financial decision making, the
incapacitated person retains sufficient capacity to manage. �A judgment of
limited guardianship may specify the limitations upon the authority of the
guardian or alternatively the areas of decision making retained by the person. �The
limited guardian of the estate shall furnish a bond in accordance with the
provisions of N.J.S.3B:15-1 et seq., unless the guardian is relieved from doing
so by the court.
���� c.���� Pendente lite;
Temporary Guardian.
���� (1)�� Whenever a complaint is
filed in the Superior Court to declare a person incapacitated and appoint a
guardian, the complaint may also request the appointment of a temporary
guardian of the person or estate, or both, pendente lite. �Notice of a pendente
lite temporary guardian application
, including the reason why pendente lite
action is required, and the name, address, employer, and curriculum vitae of
any proposed temporary guardian,
shall be given to the alleged
incapacitated person
[
or
]
and the
alleged incapacitated person�s attorney or the attorney appointed by the court
to represent the alleged incapacitated person
, and, if known, to the alleged
incapacitated person�s next of kin including a spouse or domestic partner,
children, parents, and siblings 18 years of age or over, and, if known, to any
person named as attorney-in-fact in any power of attorney executed by the
alleged incapacitated person, any person named as health care representative in
any health care directive executed by the alleged incapacitated person, and any
person acting as trustee under a trust for the benefit of the alleged
incapacitated person
.
���� (2)�� Pending a hearing for
the appointment of a guardian, the court may for good cause shown and upon a
finding that there is
[
a
]
an imminent
critical need or
imminent
risk of substantial harm, including, but not
limited to:
���� (a)�� the physical or mental
health, safety and well-being of the person may be
imminently
harmed or
jeopardized;
���� (b)�� the property or business
affairs of the person may be
imminently
repossessed, wasted,
misappropriated, dissipated, lost, damaged or diminished or not appropriately
managed;
���� (c)�� it is in the best
interest of the alleged incapacitated person to have a temporary guardian
appointed and such may be dealt with before the hearing to determine incapacity
can be held,
[
after
any notice as the court shall direct
]
upon the notices required pursuant to paragraphs (1) and (5) of this
subsection
, appoint a temporary guardian pendente lite of the person or
estate, or both, of the alleged incapacitated person.
���� (3)�� A pendente lite
temporary guardian appointed pursuant to this section may be granted authority
to arrange interim financial, social, medical or mental health services or
temporary accommodations for the alleged incapacitated person determined to be
necessary to deal with
imminent
critical needs of or
imminent
risk of substantial harm to the alleged incapacitated person or the alleged
incapacitated person�s property or assets. �The pendente lite temporary
guardian may be authorized to make arrangements for payment for such services
from the estate of the alleged incapacitated person. �
The pendente lite
temporary guardian shall submit an itemized accounting to the court, the
plaintiff, the alleged incapacitated person�s attorney or attorney appointed by
the court to represent the alleged incapacitated person, and to such other
interested persons as the court may direct, for all such payments made.
���� (4)�� A pendente lite
temporary guardian appointed hereunder shall be limited to act for the alleged
incapacitated person only for those services determined by the court to be
necessary to deal with
imminent
critical needs or
imminent
risk
of substantial harm to the alleged incapacitated person. �
To the greatest
extent practicable, the pendente lite temporary guardian shall maintain the
alleged incapacitated person�s property, personal affairs, and business affairs
in a status quo condition. �Any sale, gift, or disposal of the alleged
incapacitated person�s property, and any waiver of a legal claim or cause of
action accruing to the alleged incapacitated person, by the pendente lite
temporary guardian shall require specific authorization from the court upon the
notices required pursuant to paragraphs (1) and (5) of this subsection.
���� (5)��
[
The alleged
incapacitated person�s attorney or attorney appointed by the court to represent
the alleged incapacitated person shall be given notice of the appointment of
the pendente lite temporary guardian.
]
Notice of the appointment of a pendente lite temporary guardian shall be
given to the alleged incapacitated person and the alleged incapacitated
person�s attorney or the attorney appointed by the court to represent the
alleged incapacitated person, and, if known, to the alleged incapacitated
person�s next of kin including a spouse or domestic partner, children, parents,
and siblings 18 years of age or over, and, if known, to any person named as
attorney-in-fact in any power of attorney executed by the alleged incapacitated
person, any person named as health care representative in any health care
directive executed by the alleged incapacitated person, and any person acting
as trustee under a trust for the benefit of the alleged incapacitated person
.
�The pendente lite temporary guardian shall communicate all actions taken on
behalf of the alleged incapacitated individual to the alleged incapacitated
person�s attorney or attorney appointed by the court to represent the alleged
incapacitated person
, and to such other interested persons as the court may
direct,
who shall have the right to object to such actions.
���� (6)�� A pendente lite
temporary guardian appointment shall not have the effect of an adjudication of
incapacity or effect of limitation on the legal rights of the individual other
than those specified in the court order.
���� (7)�� If the court enters an
order appointing a pendente lite temporary guardian without
[
notice
]
a hearing
,
the alleged incapacitated person
, or an interested person on his or her
behalf,
may appear and move for its dissolution or modification on two
days� notice to the plaintiff and to the temporary guardian or on such shorter
notice as the court prescribes.
���� (8)�� Every order appointing a
pendente lite temporary guardian granted without
[
notice
]
a hearing
expires as
prescribed by the court, but within a period of not more than 45 days, unless
within that time the court
, upon notice and hearing,
extends it for good
cause shown for the same period. �
If the order is extended and the pendente
lite temporary guardian has not already done so, the pendente lite temporary
guardian shall undergo such background screening, guardianship training, and
Guardianship Monitoring Program reporting as the court may direct pursuant to
Court Rule or order, directive, or policy of the Administrative Director of the
Courts.
���� (9)�� The pendente lite
temporary guardian, upon application to the court, shall be entitled to receive
reasonable fees for his services, as well as reimbursement of his reasonable
expenses, which shall be payable by the
[
estate
of the alleged incapacitated person or minor
]
plaintiff. �No payment from the plaintiff to the pendente lite temporary
guardian shall be made unless authorized by the court
.
���� (10) The pendente lite
temporary guardian shall furnish a bond in accordance with the provisions of
N.J.S.3B:15-1 et seq., unless the guardian is relieved from doing so by the
court
upon good cause shown why such relief is appropriate
.
����
(11) If a pendente lite
temporary guardian is appointed and the court, following a hearing, finds that
the alleged incapacitated person was not incapacitated while under temporary
guardianship, the alleged incapacitated person shall have an action in equity
for the rescission ultra vires of any contract entered into or gifts made by
the pendente lite temporary guardian in the name of the alleged incapacitated
person. �The pendente lite temporary guardian may seek indemnification from the
plaintiff of the guardianship action.
���� d.��� Disclosure of
information. Physicians and psychologists licensed by the State are authorized
to disclose medical information, including but not limited to medical, mental
health and substance use disorder information as permitted by State and federal
law, regarding the alleged incapacitated person in affidavits filed pursuant to
the Rules Governing the Courts of the State of New Jersey.
���� e.���� Court appearance. The
alleged incapacitated person shall appear in court unless the plaintiff and the
court-appointed attorney certify that the alleged incapacitated person is
unable to appear because of physical or mental incapacity.
���� f.���� Communication. When a
person who is allegedly in need of guardianship services appears to have a
receptive or expressive communication deficit, all reasonable means of
communication with the person shall be attempted for the purposes of this
section, including written, spoken, sign or non-formal language, which includes
translation of the person's spoken or written word when the person is unable to
communicate in English, and the use of adaptive equipment.
���� g.��� Additional subject
areas. At the request of the limited guardian, and if the incapacitated person
is not represented, after appointment of an attorney for the incapacitated
person and with notice to all interested parties, the court may determine that
a person is in need of guardian services regarding additional subject areas and
may enlarge the powers of the guardian to protect the person from significant
harm.
���� h.��� Limitations of guardian
powers. At the request of the guardian, the incapacitated person or another
interested person, and if the incapacitated person is not represented, after
appointment of an attorney for the incapacitated person and with notice to all
interested parties, the court may limit the powers conferred upon a guardian.
(cf: P.L.2023, c.177, s.13)
���� 2. This act shall take effect
immediately.
STATEMENT
���� This bill amends the law
concerning the appointment of pendente lite temporary guardians for an alleged
incapacitated person.
���� Under current law, the
plaintiff in a guardianship action may seek the appointment of a temporary
guardian on an emergent basis, prior to a hearing to determine whether a person
is actually incapacitated and in need of guardianship. �Because of its emergent
nature, the court can grant the appointment without a hearing. �While there are
situations where an alleged incapacitated person may suffer imminent harm if a
temporary guardian is not appointed, the likelihood of such harm must be
weighed against the person�s constitutional privacy and liberty interests.
���� Under the bill, an application
for pendente lite temporary guardianship must state the reason why emergent
action is required and must make certain disclosures about any proposed
temporary guardian. �The bill provides that the court should appoint a
temporary guardian only if there is an imminent risk of harm to the alleged
incapacitated person.
���� Under current Court Rule
4:86-2, a petition for guardianship must list the alleged incapacitated
person�s next of kin including a spouse or domestic partner, children, and
parents, and any person named as attorney-in-fact in any power of attorney
executed by the alleged incapacitated person, any person named as health care
representative in any health care directive executed by the alleged
incapacitated person, and any person acting as trustee under a trust for the
benefit of the alleged incapacitated person. �In conformity with Court Rule
4:86-2, the bill requires that those same persons receive notice of both the
application for pendente lite temporary guardianship and the order granting the
appointment.
���� To increase the accountability
of temporary guardians, the bill requires that any payments for interim
financial, social, medical, or housing services made by the temporary guardian
from the alleged incapacitated person�s estate must be itemized and submitted
to both the court and the alleged incapacitated person�s attorney. �The bill
also requires the temporary guardian to maintain the status quo of an alleged
incapacitated person�s property, personal affairs, and business affairs, and
requires court approval for any sale, gift, or disposal of assets. �Additionally,
while the temporary guardian may receive a reasonable fee and reimbursement of
expenses, the bill requires that these fees and expenses must be court
authorized and are payable by the plaintiff.
���� Under the bill, if the court
appoints a temporary guardian on an emergent basis and later finds after a
hearing that a temporary guardian should not have been appointed, the alleged
incapacitated person has the right of equitable rescission of any contract or
gift made by the temporary guardian.
���� Finally, because a temporary
guardian is appointed on an emergent basis and only meant to serve for 45 days
pending the outcome of the hearing to determine actual incapacity, a temporary
guardian may be ordinarily exempt from the background screening and training
requirements normally required of all proposed guardians. �However, if the
court extends the appointment after 45 days, bill requires temporary guardians
to undergo these procedures.
���� In the sponsor�s view, the
guardianship process requires additional safeguards to prevent frivolous
litigation, the wrongful disposal of a person�s assets or the incursion of
debt, abuse of the judicial process, and the unjust deprivation of personal autonomy.