New Jersey A 4802: Requires certain hospitals to provide hospital-based or hospital-linked violence intervention programs, in order to be designated as Level One or Level Two trauma centers.

Bill Text

A4802 

ASSEMBLY, No. 4802 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

INTRODUCED MARCH 23, 2026

Sponsored by:

Assemblyman� PAUL KANITRA

District 10 (Monmouth and Ocean)

Assemblyman� GREGORY P. MCGUCKIN

District 10 (Monmouth and Ocean)

Assemblyman� GERRY SCHARFENBERGER

District 13 (Monmouth)

SYNOPSIS

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

CURRENT VERSION OF TEXT 

���� As introduced.

�� 

An Act concerning guardianship for incapacitated persons, 
amending N.J.S.3B:12-25 and P.L.1991, c.261, and supplementing Title 2A of the 
New Jersey Statutes.

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

���� 1.��� N.J.S.3B:12-25 is 
amended to read as follows:

���� 3B:12-25.�� Appointment of 
guardian. 

���� a.� The Superior Court 
may determine the incapacity of an alleged incapacitated person and appoint a 
guardian for the person, guardian for the estate or a guardian for the person 
and estate.� [Letters] Except as 
provided in subsection c., letters of guardianship shall be granted to the 
spouse or domestic partner as defined in section 3 of P.L.2003, c.246 
(C.26:8A-3), if the spouse is living with the incapacitated person as man and 
wife or as a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3) 
at the time the incapacitation arose, or to the incapacitated person's heirs, 
or� friends, or thereafter first consideration shall be given to the Office of 
the Public Guardian for Elderly Adults in the case of adults within the 
statutory mandate of the office, or if none of them will accept the letters or 
it is proven to the court that no appointment from among them will be to the 
best interest of the incapacitated person or the estate, then to any other 
proper person as will accept the same, and if applicable, in accordance with 
the professional guardianship requirements of P.L.2005, c.370 (C.52:27G-32 et 
al.).� Consideration may be given to surrogate decision-makers, if any, chosen 
by the incapacitated person before the person became incapacitated by way of a 
durable power of attorney pursuant to section 4 of P.L.2000, c.109 
(C.46:2B-8.4), health care proxy or advance directive.

���� b.� The Office of the 
Public Guardian for Elderly Adults shall have the authority to not accept 
guardianship in cases determined by the public guardian to be inappropriate or 
in conflict with the office.

���� c.� Letters of guardianship 
shall not be granted to any person who is a party in 
any civil action, or for whom or against whom a temporary or final civil order 
has been entered, including but not limited to, a temporary restraining order 
pursuant to section 12 of P.L.1991, c.261 (C.2C:25-28) 
or a final restraining order pursuant to section 13 of P.L.1991, c.261 
(C.2C:25-29) of the "Prevention of Domestic Violence Act of 1991," 
P.L.1991, c.261 (C.2C:25-17 et seq.), that names the incapacitated person as an 
opposing party to the action.

���� d.� Letters of guardianship 
entered prior to the filing of a civil action or prior 
to the filing of a complaint alleging the commission of an act of domestic 
violence pursuant to the "Prevention of Domestic Violence Act of 
1991," P.L.1991, c.261 (C.2C:25-17 et seq.), shall be subject to judicial 
review.� 

(cf: P.L. 2005, c.370, s.13)

���� 2.� Section 10 of P.L. 1991, 
c.261 (C.2C:25-26) is amended to read as follows:

���� 10. a. When a defendant 
charged with a crime or offense involving domestic violence is released from 
custody before trial on bail or personal recognizance, the court authorizing 
the release may as a condition of release issue an order prohibiting the defendant 
from having any contact with the victim including, but not limited to, 
restraining the defendant from entering the victim's residence, place of 
employment or business, or school, and from harassing or stalking the victim or 
the victim's friends, co-workers, or relatives in any way.� If the victim is 
pregnant, at the victim's request the court may order that the victim's child 
shall, immediately upon birth, be included in the order. The court may also 
enter an order prohibiting the defendant from having any contact with any 
animal owned, possessed, leased, kept, or held by either party or a minor child 
residing in the household.� In addition, the court may enter an order directing 
the possession of the animal and providing that the animal shall not be disposed 
of prior to the disposition of the crime or offense.� The court may enter an 
order prohibiting the defendant from possessing any firearm or other weapon 
enumerated in subsection r. of N.J.S.2C:39-1 and ordering the search for and 
seizure of any such weapon at any location where the judge has reasonable cause 
to believe the weapon is located.� The judge shall state with specificity the 
reasons for and scope of the search and seizure authorized by the order.

��