This bill amends existing guardianship laws in New Jersey to allow a complaint for guardianship of a minor to be filed up to 180 days before the minor turns 18, under certain conditions. This change aims to facilitate a smoother transition for minors who are expected to require guardianship upon reaching adulthood, ensuring that they are not left without legal protection during any delays in the appointment process. The bill also establishes standards for filing guardianship complaints, including stipulations that a complaint for adjudication of incapacity cannot be withdrawn unless it is shown that the individual is deceased or has regained capacity, with the latter not requiring medical evidence but rather the testimony of a knowledgeable witness.

Additionally, the bill includes provisions for the involvement of the county in the guardianship process, requiring that the county of settlement be served with a copy of the moving papers, although it may waive this service if it has no reason to oppose the action. If the county chooses to contest the complaint, it must do so within 30 days of being served. The bill aims to streamline the guardianship process and ensure that individuals who may need guardianship are adequately protected as they transition into adulthood.

Statutes affected:
Introduced: 3B:12-24.1, 30:4-165.7