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Bill

A 4293

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

2026-2027 Regular Session Introduced by Linda Carter and 1 co-sponsor

Allows courts to consider previous caregivers when appointing guardians for incapacitated persons, potentially favoring those with demonstrated prior care.

Reported and Referred to Assembly Judiciary Committee
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Bill Summary · A 4293

Bill overview

  • Bill: A 4293
  • Session: 222
  • Jurisdiction: New Jersey
  • Title: Allows court to consider previous care when granting letters of guardianship for incapacitated person
  • Introduced: 2026; Referred to Assembly Aging and Human Services Committee (2/19/2026); Reported and referred to Assembly Judiciary Committee (6/1/2026)
  • Sponsors: Co-sponsors Linda Carter and Shanique Speight

Purpose and intent

The bill clarifies and potentially expands the criteria the court may use when determining who should be granted letters of guardianship for an incapacitated person. It maintains the current prioritization for a spouse or domestic partner, but provides explicit consideration for other suitable candidates who previously cared for the incapacitated person. The aim is to ensure guardianship is assigned to individuals who have demonstrated a sustained commitment to the incapacitated person’s well-being, while preserving protections and professional standards.

Key provisions

  • The Superior Court may determine incapacity and appoint a guardian for the person, the estate, or both.
  • Letters of guardianship are to be granted in the following order of preference: 1) The incapacitated person’s spouse or domestic partner (as defined by existing law), provided they are living with the incapacitated person at the time of incapacitation. 2) If no spouse or domestic partner is available, able, or willing to accept letters, then to the incapacitated person’s heirs or friends. 3) If none of the above will accept, or it is not in the best interest of the incapacitated person or estate, then consideration may be given to the Office of the Public Guardian for Elderly Adults (within its statutory mandate), and if applicable, to professional guardianship under P.L.2005, c.370 (C.52:27G-32 et al.). 4) In addition, consideration may be given to surrogate decision-makers previously chosen by the incapacitated person (via durable power of attorney, health care proxy, or advance directive) or to individuals who demonstrated previous care in the best interest of the incapacitated person or their estate.
  • The Office of the Public Guardian for Elderly Adults has the authority to refuse guardianship in cases it determines to be inappropriate or conflicting with the office’s duties.
  • The appointed guardian must perform guardianship duties in the best interest of the incapacitated person, regardless of whether they are guardian for the person, for the estate, or for both.
  • The act takes effect immediately upon enactment.

Who is affected

  • Incapacitated persons needing guardianship and their estates.
  • Potential guardians, including spouses, domestic partners, heirs, friends, surrogate decision-makers, and individuals who previously provided care.
  • The Office of the Public Guardian for Elderly Adults (OPGEA), which may be called upon to accept guardianship or to refuse it in certain cases.
  • Guardianship proceedings in New Jersey Superior Court, which will apply the clarified order of priority and consideration criteria.

Procedural and timeline aspects

  • Effective date: Immediate upon enactment.
  • Process changes: Courts may explicitly consider prior care relationships and previously designated surrogate decision-makers when appointing guardians, in addition to the existing statutory preferences.
  • Oversight: OPGEA retains authority to decline guardianship where it is inappropriate or conflictive with its mandate.
  • Implementation: No new funding or procedural drill is specified, but the act modifies appointment considerations and guardian responsibilities.

Potential implications

  • Increased recognition of informal caregivers who have historically supported incapacitated individuals.
  • More flexibility for courts to appoint guardians who are best positioned to act in the incapacitated person’s best interests, potentially improving continuity of care.
  • Possible tension between traditional priority (spouse/partner) and non-traditional guardians (e.g., prior caregivers or surrogate decision-makers) in guardianship determinations.
  • Emphasis on guardians’ duties to act in the incapacitated person’s best interest, regardless of which capacity they hold (person, estate, or both).

If you’d like, I can tailor this summary for a specific audience (legal practitioners, family members, or policymakers) or add a comparison with current law text.

Compiled from official sources — confirm details with the bill’s official record.

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