New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S2816

Introduced
2/22/24  
Introduced
1/13/26  
Refer
2/22/24  
Refer
1/13/26  
Report Pass
3/4/24  
Engrossed
5/20/24  

Caption

Requires electric public utilities to submit to BPU and implement electric infrastructure improvement plans.

Impact

If enacted, S2816 will amend Title 3B of the New Jersey Statutes to place responsibility on courts to base their guardianship findings on clear and convincing evidence. This legal change emphasizes the importance of thorough evaluations before appointing a guardian, as it mandates courts to document the rationale behind such decisions explicitly. This bill is seen as a significant step towards enhancing the judicial oversight of guardianship cases, ultimately aiming to uphold the rights and dignity of individuals deemed incapacitated.

Summary

Senate Bill 2816 seeks to establish clear guidelines for courts in determining the need for guardianship services for adults. The bill outlines specific factors that the court must consider when appointing a guardian, including the health, safety, and well-being of the individual, as well as the potential guardian’s ability to provide care. This legislative measure is intended to ensure that guardianship appointments are made with a rigorous standard of evidence and clarity, aiming to protect vulnerable adults while also informing the court's decision-making process.

Sentiment

The sentiment surrounding S2816 is generally supportive, particularly from advocates of adult protection and legal reform. Proponents argue that by establishing standardized procedures for guardianship determinations, the legislation will help prevent misuse of guardianship and ensure the rights of individuals are respected. However, there may be some concerns regarding the operational impact on the judicial system, particularly regarding the increased administrative burden on courts to document their findings with greater rigor.

Contention

Notably, while the bill aims to safeguard vulnerable populations, some might contend that the requirement for 'clear and convincing evidence' could delay necessary guardianship appointments, leaving some individuals without timely protection. Critics may argue that while the intent is positive, the practical implications of implementing these new guidelines could introduce unintended consequences in urgent care situations. Therefore, the balance between due diligence and timely intervention will likely be a point of discussion in the legislative process.

Companion Bills

NJ S1827

Carry Over Requires certain providers to perform intimate partner violence screenings and all health care professionals to take certain actions to prevent perpetrator of intimate partner violence from obtaining copies of victim's medical record.

NJ A4329

Carry Over Permits purchase of service credit in PERS for period of time after termination of public employment due to COVID-19 pandemic if member returned to PERS employment within 12 months.

NJ A5302

Same As Requires electric public utilities to submit to BPU and implement electric infrastructure improvement plans.

Previously Filed As

NJ S668

Requires electric public utilities to submit to BPU and implement electric infrastructure improvement plans.

NJ A1059

Requires electric public utilities to submit to BPU and implement electric infrastructure improvement plans.

NJ S650

Requires BPU to establish beneficial building electrification and decarbonization program and requires electric public utilities to prepare and implement beneficial building electrification and decarbonization plans.

NJ S641

Requires electric public utilities to submit to BPU and implement integrated distribution plans.

NJ A1568

Requires electric public utilities to implement flood mitigation plans for certain electric distribution substations; prohibits rate increase pending implementation of flood mitigation plans.

NJ S2710

Requires electric public utilities and gas public utilities to implement or maintain public utility warranty programs that cover full cost to repair or replace covered appliances.

NJ A3980

Requires electric public utilities to develop and implement grid modernization plans.

NJ S454

Requires BPU to consider affordability to ratepayers before approving base rate cases for electric public utilities.

NJ S2816

Requires court to consider certain factors in appointing guardian and to justify guardianship appointment on record.

NJ S655

Requires electric public utilities to submit new tariffs for commercial customers for BPU approval; regulates non-volumetric electricity fees charged to operators of fast charging electric vehicle chargers.

Similar Bills

NC H612

Fostering Care in NC Act

UT SB0199

Guardianship Amendments

ND SB2029

AN ACT to create and enact a new subsection to section 30.1-28-07 and chapter 54-68 of the North Dakota Century Code, relating to an office of guardianship and conservatorship and the removal of a guardian; to amend and reenact section 30.1-29-15 and subsection 1 of section 50-24.1-07 of the North Dakota Century Code, relating to the removal of a conservator and the recovery of medical assistance expenses; to repeal chapter 27-27 and section 54-68-02.1 of the North Dakota Century Code, relating to the task force on guardianship monitoring and transition requirements; to provide a penalty; to provide for a report; to provide an appropriation; to provide a continuing appropriation; to provide for a transfer; and to provide an effective date.

ND SB2029

AN ACT to create and enact a new subsection to section 30.1-28-07 and chapter 54-68 of the North Dakota Century Code, relating to an office of guardianship and conservatorship and the removal of a guardian; to amend and reenact section 30.1-29-15 and subsection 1 of section 50-24.1-07 of the North Dakota Century Code, relating to the removal of a conservator and the recovery of medical assistance expenses; to repeal chapter 27-27 and section 54-68-02.1 of the North Dakota Century Code, relating to the task force on guardianship monitoring and transition requirements; to provide a penalty; to provide for a report; to provide an appropriation; to provide a continuing appropriation; to provide for a transfer; and to provide an effective date.

NJ S2816

Requires court to consider certain factors in appointing guardian and to justify guardianship appointment on record.

NJ A4338

Requires court to consider certain factors in appointing guardian and to justify guardianship appointment on record.

KS HB2359

Enacting the uniform adult guardianship and protective proceedings jurisdiction act and the uniform guardianship, conservatorship and other protective arrangements act.