NJ Supreme Court Adds Yet Another Requirement to Becoming a Guardian

HNW Guardianship Law

NJ guardianshipA guardianship is a legal proceeding filed in court where you ask a judge to appoint a guardian for an incapacitated adult.  NJ court rules specify all of the procedures that must be followed when filing this kind of case.  Usually, the person who wants to be the guardian is an adult, child, or spouse, or a parent of a younger or older incapacitated person.  Previously, the past life and private affairs of the potential guardian were just that… private.  Not any longer.

The Administrative Office of the Courts has just issued a Directive effective May 15, 2021, called the Background Screening Policy for Proposed Guardians.  The policy applies to all potential guardians except for spouses, parents, temporary guardians, or financial institutions, agencies, attorneys, or governmental offices who serve as guardians.

The new policy requires the proposed guardian, or the newly appointed guardian, to file a Certification of Criminal and Civil Judgment History concerning the entire lifetime of the proposed guardian.  The Surrogate’s Court will conduct a criminal background check and coordinate fingerprint checks through the County Sheriff’s Department or through the Computerized Criminal History (CCH) system for individuals who reside out of state.  The judge who reviews the pleadings and Certification has the discretion to order a “Charles Jones search” of the individual’s background.  This is a search that would reveal bankruptcies, lawsuits, judgments obtained against the individual, unpaid child support, and more.  The judge will also have the authority to order such searches for an otherwise exempt individual.

These prior events do not per se disqualify a person from being appointed as guardian.  Apparently, the information will be considered by the judge when making a determination about the character and fitness of the proposed guardian.  Among the factors a judge can consider are the nature and seriousness of the offense, how long ago it occurred, whether it was an isolated event or part of a pattern, and whether the incident in question is relevant to the responsibilities of a guardian.

To discuss your NJ guardianship matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com.  Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Guardianship Attorney

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