New Jersey A 962: Provides for immediate driver's license suspension under certain circumstances.

Bill Text

A962 

ASSEMBLY, No. 962 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman CAROL A. MURPHY

District 7 (Burlington)

Assemblywoman MARGIE DONLON, M.D.

District 11 (Monmouth)

Assemblyman MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

Co-Sponsored by:

Assemblywomen McCoy, Fantasia, Speight and Drulis

SYNOPSIS

���� 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.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

��

An Act concerning 
guardianship of a minor and amending P.L.2005, c.304 and P.L.1970, c.289.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

����� 1.��� Section 12 of 
P.L.2005, c.304 (C.3B:12-24.1) is amended to read as follows:

���� 12.� Determination by the 
court of need for guardianship services, specific services.

���� a.��� General Guardian. If the 
court finds that an individual is incapacitated as defined in N.J.S.3B:1-2 and 
is without capacity to govern himself or manage his affairs, the court may 
appoint a general guardian who shall exercise all rights and powers of the incapacitated 
person. The general guardian of the estate shall furnish a bond conditioned as 
required by the provisions of N.J.S.3B:15-1 et seq., unless the guardian is 
relieved from doing so by the court.

���� b.��� Limited Guardian. If the 
court finds that an individual is incapacitated and lacks the capacity to do 
some, but not all, of the tasks necessary to care for himself, the court may 
appoint a limited guardian of the person, limited guardian of the estate, or 
limited guardian of both the person and estate.� A court, when establishing a 
limited guardianship shall make specific findings regarding the individual's 
capacity, including, but not limited to which areas, such as residential, 
educational, medical, legal, vocational and financial decision making, the 
incapacitated person retains sufficient capacity to manage. A judgment of 
limited guardianship may specify the limitations upon the authority of the 
guardian or alternatively the areas of decision making retained by the person. 
The limited guardian of the estate shall furnish a bond in accordance with the 
provisions of N.J.S.3B:15-1 et seq., unless the guardian is relieved from doing 
so by the court.

���� c.��� Pendente lite; Temporary 
Guardian. 

���� (1)� Whenever a complaint is 
filed in the Superior Court to declare a person incapacitated and appoint a 
guardian, the complaint may also request the appointment of a temporary 
guardian of the person or estate, or both, pendente lite. Notice of a pendente 
lite temporary guardian application shall be given to the alleged incapacitated 
person or alleged incapacitated person's attorney or the attorney appointed by 
the court to represent the alleged incapacitated person.

���� (2)� Pending a hearing for 
the appointment of a guardian, the court may for good cause shown and upon a 
finding that there is a critical need or risk of substantial harm, including, 
but not limited to: 

���� (a)�� the physical or mental 
health, safety and well-being of the person may be harmed or jeopardized;

���� (b)� the property or business 
affairs of the person may be repossessed, wasted, misappropriated, dissipated, 
lost, damaged or diminished or not appropriately managed; 

���� (c)�� it is in the best 
interest of the alleged incapacitated person to have a temporary guardian 
appointed and such may be dealt with before the hearing to determine incapacity 
can be held, after any notice as the court shall direct, appoint a temporary 
guardian pendente lite of the person or estate, or both, of the alleged 
incapacitated person. 

���� (3)� A pendente lite temporary 
guardian appointed pursuant to this section may be granted authority to arrange 
interim financial, social, medical or mental health services or temporary 
accommodations for the alleged incapacitated person determined to be necessary 
to deal with critical needs of or risk of substantial harm to the alleged 
incapacitated person or the alleged incapacitated person's property or assets. 
The pendente lite temporary guardian may be authorized to make arrangements for 
payment for such services from the estate of the alleged incapacitated person. 

���� (4)� A pendente lite temporary 
guardian appointed hereunder shall be limited to act for the alleged 
incapacitated person only for those services determined by the court to be 
necessary to deal with critical needs or risk of substantial harm to the 
alleged incapacitated person.

���� (5)� The alleged incapacitated 
person's attorney or attorney appointed by the court to represent the alleged 
incapacitated person shall be given notice of the appointment of the pendente 
lite tempor