New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A4174

Introduced
6/2/22  

Caption

Requires each guardian of incapacitated persons to provide consent in order for incapacitated persons to obtain vaccinations and booster vaccinations against COVID-19.

Impact

The passage of A4174 would have significant implications for healthcare regulations pertaining to incapacitated persons in New Jersey. This includes stipulations that place guardians in a position of responsibility for health decisions impacting those under their care. By reinforcing the need for guardian consent, the legislation seeks to mitigate potential conflicts between the health needs of incapacitated individuals and the wishes or intentions of guardians. The intent is to create a standardized approach to vaccination, especially important during public health crises like the COVID-19 pandemic.

Summary

Assembly Bill A4174, introduced in New Jersey, mandates that guardians of incapacitated individuals must provide consent for those individuals to receive vaccinations and booster shots against COVID-19. The bill specifically addresses situations where individuals are deemed incapacitated due to mental or physical impairments, thus lacking the capability to make healthcare decisions on their own. By requiring explicit consent from guardians, the bill aims to ensure that the rights and decisions of incapacitated persons regarding vaccination are respected and undertaken with appropriate oversight.

Contention

While the bill is aimed at protecting vulnerable populations, it could also incite debate regarding the extent of guardianship authority and the autonomy of incapacitated persons. Critics might argue that this measure could delay access to necessary vaccinations, as obtaining guardian consent may introduce obstacles in urgent health situations. Further, the implementation of such regulations may require oversight and clarity regarding what constitutes an incapacitated person to avoid misinterpretation of the law.

Companion Bills

NJ S1566

Same As Requires each guardian of incapacitated persons to provide consent in order for incapacitated persons to obtain vaccinations and booster vaccinations against COVID-19.

Previously Filed As

NJ HB1262

Guardians of incapacitated persons.

NJ SB1760

Relating to guardianships for persons who are incapacitated; changing a fee.

NJ SB23

Relating to guardianships for persons who are incapacitated; changing a fee.

NJ A4802

Establishes "Safe Guardianship Act;" restricts appointment of certain persons as guardian for incapacitated person.

NJ S154

Establishing guardians as providers of medical care to support the rights of incapacitated persons

NJ H253

Establishing guardians as providers of medical care to support the rights of incapacitated persons

NJ HB1100

Guardianship for Incapacitated Adults

NJ A4293

Allows court to consider previous care when granting letters of guardianship for incapacitated person.

NJ S2818

Allows court to consider previous care when granting letters of guardianship for incapacitated person.

NJ HB261100

Concerning updates to guardianship for incapacitated adults.

Similar Bills

NJ S3600

Revises procedures for temporary guardianship.

NJ A962

Allows complaint for guardianship of minor to be filed six months before minor reaches age 18 under certain circumstances; establishes certain standards for filing guardianship complaints.

NJ S2818

Allows court to consider previous care when granting letters of guardianship for incapacitated person.

NJ A4293

Allows court to consider previous care when granting letters of guardianship for incapacitated person.

VA SB293

Guardianship and conservatorship; duties and powers of guardian and conservator.

AZ HB2492

Guardianship; court appointments; care placement

MI SB0586

Probate: guardians and conservators; requirement to state on record reasons for moving ward from residence; provide for. Amends secs. 5306 & 5314 of 1998 PA 386 (MCL 700.5306 & 700.5314).

UT SB0161

Evaluations in Guardianship Amendments