This bill amends existing guardianship laws to allow for the filing of a complaint for guardianship of a minor who is expected to require a guardian upon turning 18, up to 180 days prior to their birthday. This change aims to facilitate a smoother transition into adulthood for minors who may need guardianship, ensuring that legal protections are in place without unnecessary delays. 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for filing guardianship complaints, including stipulations that a complaint for adjudication of incapacity cannot be withdrawn unless it is shown that the individual is deceased or has regained capacity, with the latter not requiring medical evidence.
Additionally, the bill introduces new legal language that clarifies the process for filing complaints and the responsibilities of involved parties. It specifies that the county of settlement must be served with moving papers, and outlines the procedure for the Division of Developmental Disabilities to be notified of any complaints filed on behalf of an alleged incapacitated person. Overall, these amendments are designed to enhance 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