How the New Jersey Legislature has changed guardianship designators
New Jersey is changing guardianship form designators, and this change is being heralded by the attorneys general and other lawmakers.
Guardianship forms are designed to allow a court to assign a person’s custody and control to a third party if there is a conflict between the state and a person who wishes to exercise the right to remain in the home.
The New Jersey legislature recently changed the forms so that a person can’t be assigned guardianship without first being a legal custodian or receiving a formal court order.
The governor’s office announced Thursday that a new system would allow a person to obtain guardianship as a third-party custodian and then change guardianship designation after receiving the court order from the court.
A person would have to provide a court with a letter indicating the change of guardian and a copy of the court’s order.
New Jersey has one of the most restrictive guardianship statutes in the country, requiring people to have guardianship orders signed by a judge or judge appointed by a court.
The governor’s law requires a guardian to be present when the person becomes legally custodian of the person’s child, the disabled or a spouse.
The new system has been in the works for about a year, but the governor’s Office of Public Safety and Security announced Thursday it was the result of a request from Attorney General Jeffrey Chiesa.
“The governor made this change to the guardianship certification form so that all of the people who are being assigned guardians have the opportunity to change their designation before the change is implemented,” said a statement from the office.
“We also need to ensure that people have access to the court that is assigned to them.”
The new form designations would allow for the creation of third-parties that can be assigned custody and care of a person without a court order or formal request.
They also allow people to get court orders to change the name of a child they are in the process of naming, which the attorney general’s office has said is problematic because the child is still a minor.
In addition, the new form changes require the person to provide proof of guardianship to the county in which the child resides, including a court certificate, court orders or a copy that is available for inspection by a probate judge.
The new forms also require a guardian be present for the child’s birth and any child care services, or any child custody arrangements.
The attorney general says this could lead to the creation or re-importation of third parties to perform these services.
The state legislature has also proposed to add more guardianship provisions, which include allowing someone to petition a court for custody, to be reassigned to another child in the household, which could also be used to change guardianships.
The legislature has not yet made any recommendations about how these provisions would be implemented.
The attorney general also has requested that the governor not change guardianscy designation to a person with a mental disability, which would require someone to receive a court certified statement.
The New Jersey Attorney General’s office says the changes are being made to protect the state’s residents, including those with mental health disabilities, those with disabilities, and those with certain other needs.
The change is part of an ongoing effort to improve the legal status of the mentally ill, including the legal right to have a guardian.