Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
SYNOPSIS
Establishes Office of Professional Corporate Guardians.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing an office of professional corporate guardians, and supplementing Titles 9, 52, and 53 of the Revised Statutes and N.J.S.3B:12-1 et seq.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
Affiliate means any company that controls, is controlled by, or is under common control with another company.
Court means the Superior Court.
Disabled person" means a person, between the ages of 18 and 64 years, with a physical disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, aging, or illness including epilepsy and other seizure disorders, and who, after two licensed physicians have examined and certified in writing, is deemed to be unable to physically or mentally exercise the powers granted to a general guardian.
Estate means all of the property of a disabled person, ward, or incapacitated person, whose affairs are subject to administration.
Family choice guardian means a professional corporate guardian designated by the heirs of a disabled person or an incapacitated person, either by private arrangement or court appointment, to serve as a general guardian of a disabled or incapacitated person.
Heir means those persons, including, but not limited to, the surviving spouse, the domestic partner and the descendants of the decedent, who are entitled under the statutes of intestate succession to the property of a decedent.
Incapacitated person means an adult, between the ages of 18 and 64 years, declared incapacitated by a court order and for whom a professional corporate guardian has been designated by private arrangement or court appointment.
Minor means a person under the age of 18 years and who has been diagnosed with a developmental or intellectual disability.
Office means the Office of Professional Corporate Guardians.
Personal choice guardian means a professional corporate guardian, designated by a person on a preneed basis, to serve as a general guardian, by private arrangement, should the person become incapacitated or disabled.
Professional corporate guardian or general guardian means a for profit or not-for-profit business entity, corporation, partnership, limited partnership, or a limited liability company either duly formed or licensed to conduct business in New Jersey that, either by private arrangement or court appointment, has been granted the powers to exercise all assigned legal rights of a disabled or incapacitated person or a wards property.
Property means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest therein.
Substitute guardian means a guardian who is an employee of a professional corporate guardian, duly registered in the State of New Jersey as a professional guardian pursuant to P.L.2005, c.370 (C.52:27G-32 et. seq.) and who is designated, at the sole discretion of the professional corporate guardian, to provide guardianship services to a ward of a professional corporate guardian. A person who is a substitute guardian shall not be in violation of subsection e. of section 2 of P.L.2005, c.307 (C. 52:27G-33) or section 4 of P.L.2005, c.307 (C. 52:27G-35) as long as the employer of the professional corporate guardian is in compliance with this act.
Ward means a person for whom a professional corporate guardian is appointed by private arrangement or court appointment.
2. a. There is established, in but not of the Department Human Services, the Office of Professional Corporate Guardians. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Office of Professional Corporate Guardians is hereby allocated within the Department of Human Services, but notwithstanding this allocation, the office shall be independent of any supervision or control by the department or any board or officer thereof, or any other cabinet-level department, board, or officer thereof.
The purpose of the office shall be to oversee the licensing requirements and establish standards of practice for professional corporate guardians.
b. The Commissioner of Human Services shall appoint an executive director of the office, who shall be an attorney admitted to the practice of law in this State and who shall be qualified by training and experience to perform the duties of the office. The executive director shall serve at the pleasure of the commissioner, shall be knowledgeable in communication, guardianship law, and the social services available to meet the needs of persons who are disabled or incapacitated, and shall be a person of recognized judgment, integrity, objectivity, and professionalism. The executive director shall devote his entire time to the duties of the position and shall receive a salary as determined by law.
c. The office shall:
(1) adopt rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act;
(2) establish standards of practice for professional corporate guardians, and ensure the compliance with such standards of practice;
(3) develop criteria for qualification as a professional corporate guardian in the State;
(4) the amount to be charged in application and issuance fees for registrations authorized under this act;
(5) establish disciplinary measures for failure to uphold the practice standards established pursuant to this section, including, but not limited to, disqualifying, suspending, revoking, refusing to renew the registration of professional corporate guardians;
(6) establish procedures for organizing and conducting hearings into allegations of misconduct by registered professional corporate guardians;
(7) establish policies and
procedures for addressing conflicts of interest, prohibited activities, and
breach of fiduciary duties relating to professional corporate guardians
pursuant to section 14 of
P.L. , c. (C. ) (pending before the Legislature as this bill);
(8) develop guidelines concerning and procedures governing initial and annual guardianship reports filed by a registered professional corporate guardian; and
(9) develop and maintain a searchable database that contains and displays information on each registered professional corporate guardian. In addition, the database shall:
(a) be accessible on the Department of Human Services website; and
(b) be reviewed and updated as new information becomes available or changes are necessary.
3. An entity may serve as a professional corporate guardian if that entity has been registered by the Office of Professional Corporate Guardians pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) as a professional corporate guardian. The Office of Professional Corporate Guardians shall not register an entity as a professional corporate guardian unless that entity:
(1) is duly formed in New Jersey or is duly registered as a foreign entity and