Guardianship
Association of New Jersey, Inc. GANJI
is a not-for-profit organization of professionals, families, and
individuals committed to supporting guardians and other surrogate decision
makers in enhancing the lives of persons who require assistance.
Our Address: P.O. Box 546,
Chester, NJ 07930
Executive Director: Jane E. Gildersleeve, RG
Annual Conference
Information
GANJI will hold
its 13th Annual Conference on October 30, 2008, at the New Jersey Law
Center. The theme of the Conference will be:
"Surrogate
Decision Making: A Holistic Approach"
Keynote Speaker: Steven E.
Rubin, M.D.
Further information will be
forthcoming.
********************************
Press
Releases
GANJI Trustee Named a Fellow of NAELA
New Jersey, May 1, 2007
–
Shirley B. Whitenack, a partner at
Schenck, Price, Smith & King, LLP and a member of the Board of
Trustees of GANJI, has been named a Fellow of the National Academy of
Elder Attorneys (NAELA). Selection as a Fellow is the highest honor
bestowed by the Academy. Ms.
Whitenack also has been elected to the Board of Directors of NAELA and has
been selected to receive the 2007 Distinguished Service Award from the New
Jersey Institute for Continuing Legal Education.
GANJI Reform Becomes a Reality in New Jersey
New Jersey, January 20, 2006
– Substantial
amendments to New Jersey’s guardianship statutes were signed into law on
January 11, 2006 and are effective immediately. Attempting to improve
protections for the legal rights of New Jersey’s most vulnerable
citizens, the new legislation acknowledges different types of
guardianship, such as temporary guardianship, limited guardianship,
special guardianship and full guardianship. It requires all participants
in the guardianship process to consider and respect the decision-making
abilities of the incapacitated person and to encourage self-determination
where possible. GANJI actively supported the new reforms.
Some of the changes include:
Determination
of Capacity Provides that
either a ward or a guardian may petition the court for restoration to
competency.
Choosing
a Guardian
-
Directs
the court to consider surrogate decision-maker designated by the
individual in a power of attorney, health care proxy or advance
directive in selecting a guardian.
-
Gives
priority to a “registered domestic partner” as well as a spouse in
the selection of guardian.
Authority
and Scope of Guardianship
-
Permits
the court to appoint a limited guardian when an incapacitated person
can do some but not all tasks to care for himself or herself.
-
Permits
the appointment of a temporary guardian on notice to the alleged
incapacitated person and his or her court-appointed attorney pending
the final hearing if there is risk of substantial harm.
-
Permits
the guardian to initiate litigation, including actions alleging fraud,
abuse, undue influence and exploitation, or defend litigation on
behalf of the alleged incapacitated person.
-
Permits
the guardian to engage in planning concerning public assistance
programs consistent with current law.
-
Provides
that a guardian is not legally obligated to provide for the ward from
the guardian’s own funds and is not liable to a third party for acts
of the ward solely by reason of the guardianship relationship.
-
States
that a guardian is not liable for injury to the ward from conduct of a
care provider unless the guardian failed to exercise reasonable care
in choosing the provider.
-
Provides
that generally a guardian is bound by the ward’s previously executed
health care power of attorney or advance directive unless otherwise
directed by the court.
-
Allows
the guardian, to the extent specifically ordered by the court for good
cause shown, to initiate voluntary admission of the ward to a state or
private psychiatric facility.
-
Permits
the guardian to sell or dispose of the ward’s personal property,
including vehicles, to meet the ward’s needs.
Duties
of the Guardian
-
Requires
the guardian to give due regard to the preferences of the ward and
encourage the ward’s participation in decision-making.
-
Requires
the guardian to personally visit the ward every three months or in
such intervals as deemed appropriate by the court and to maintain
sufficient contact to know the ward’s capacities, limitations and
needs.
Guardian
Accountability
-
Requires
the guardian to report annually to the court on the ward’s condition
and the ward’s estate, and specifies the content of the guardian’s
report.
-
Requires
the guardian to abide by the “Prudent Investor Act” in handling
the ward’s assets.
On
January 12, 2006, legislation governing professional guardians also was
signed into law. The legislation, which becomes effective 180 days from
that date, requires those professional guardians with five or more wards
unrelated to them to register with the office of New Jersey’s Public
Guardian.
Prepared
by Shirley B. Whitenack, Esq.
GANJI Conference Deals with Creation of
Guardianships that Reflect Ward's Abilities
New Jersey, November 1, 2005
– The Guardianship Association of New Jersey held its Tenth Annual
Conference on Guardianship at the New Jersey Law Center in New
Brunswick on October 25. The conference topic, “Looking Ahead:
Creating meaningful, Fair and Ethical Guardianships”, was presented to an audience of
85
guardians, healthcare workers, legal professionals and family members.
GANJI is a not-for-profit organization. Their mission is to
ensure optimum independence for
persons in need of guardianship services to both enhance and protect
them through advocacy, education, ethical standards, and the development
of least restrictive alternatives. For further information,
please contact us through our website: www.ganji.org.
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