This bill revises the procedures for appointing pendente lite temporary guardians for individuals alleged to be incapacitated. It mandates that applications for such guardianship must include a justification for the emergent action and disclose relevant information about the proposed guardian. The court is required to appoint a temporary guardian only if there is an imminent risk of harm to the alleged incapacitated person. Additionally, the bill stipulates that notice of the application and the appointment must be provided to the alleged incapacitated person's next of kin and other relevant parties, ensuring transparency and accountability in the process.

To enhance oversight, the bill requires that any financial transactions made by the temporary guardian on behalf of the alleged incapacitated person must be itemized and reported to the court and the person's attorney. The temporary guardian is also tasked with maintaining the status quo of the individual's affairs and must seek court approval for any significant actions, such as selling or gifting property. If a temporary guardian is later found to have been improperly appointed, the alleged incapacitated person can rescind any contracts or gifts made during that period. Furthermore, while temporary guardians are typically exempt from standard background checks and training, those appointed for longer than 45 days must comply with these requirements. Overall, the bill aims to strengthen the guardianship process and protect the rights and assets of individuals facing potential incapacity.

Statutes affected:
Introduced: 3B:12-24.1