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 that any judgment designating a guardian for a minor will only take effect once the minor reaches the age of 18.
Additionally, the bill introduces specific standards for filing guardianship complaints, stating that such complaints cannot be withdrawn unless it is shown that the individual is either deceased or has regained capacity. This showing does not necessitate medical evidence but can be satisfied through testimony from a knowledgeable witness. The bill aims to streamline the guardianship process and provide clarity on the legal framework surrounding the appointment of guardians for both minors and incapacitated individuals.
Statutes affected: Introduced: 3B:12-24.1, 30:4-165.7