There is a bill concerning Guardianship actions that was passed by the State Senate that is awaiting action by the State Assembly, called S-1957. http://www.njleg.state.nj.us/2014/Bills/S2000/1957_I1.HTM. The State Senate passed it with amendments which are described here: 1957_S2
Legislative status can be found at http://www.njleg.state.nj.us/bills/BillView.asp
This bill concerns the proofs needed to tile a Verified Complaint for a guardianship of person or property of an alleged incapacitated adult who receives services through the DDD (Division of Developmental Disabilities). The court rule for guardianships requires that to file for guardianship, the plaintiff must attach the reports of 2 physicians (one of whom can be a psychologist) based on examinations within 30 days of filing, that attest to the incapacity. This bill would allow a more flexible variety of proof in DDD cases.
There still must be one current report from either a physician or a psychologist licensed in NJ. However, the other proof can be an IEP done within 2 years, or “– an affidavit from the chief executive officer, medical director, or other officer having administrative control over the program from which the individual is receiving functional or other services providedby the Division of Developmental Disabilities;– an affidavit from a designee of the Division of Developmental Disabilities who has personal knowledge of the functional capacity of the individual who is the subject of the guardianship action;” or “an affidavit from a licensed care professional who has personal knowledge of the functional capacity of the individual who is the subject of the guardianship action.”
If this bill is of interest to you, contact your State Assemblyperson.
For representation on guardianship matters and special needs planning, contact us at 732-382-6070