Guardianship Rules Amended to Require Background Searches |

Eimi Figlio

Eimi specializes in the area of Estate Planning and Estate Administration. Eimi’s estate planning practice includes planning for both simple and complex estates. Her services include drafting basic and tax planning Wills, Durable Powers of Attorney and Advance Medical Directives, as well as preparing trust documents necessary to preserve family wealth and minimize tax consequences. Eimi also assists clients with gifting and transfers of family assets and closely-held businesses. Eimi’s estate administration practice includes all aspects of probate matters. including intestacy proceedings, probate of Wills, marshaling estate assets and providing an inventory, preparation and filing of Federal and New Jersey and New York estate tax returns, preparation of formal and informal estate accountings, and the final distribution of estate assets to the beneficiaries and heirs of the estate. Eimi also assists clients with post mortem estate planning opportunities. Eimi also represents clients in matters regarding Trust administration and Trust termination by way of informal agreement or formal court applications, including filing of accountings, as well as modification and revocation of Trusts by way of information agreement or by court application.

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05.19.2021

Posted in Hot Trends: Developing Case Law | By Estate & Trust Group

Guardianship Rules Amended to Require Background Searches

The New Jersey guardianship Court Rules have been amended to establish a policy for background screenings of certain proposed guardians of incapacitated persons. The amendments are effective as of May 15, 2021, and are summarized as follows.

R. 4:86-2(b) has been amended to require the petitioner to annex to the complaint an affidavit or certification setting forth the criminal and civil judgment history of the proposed guardian. If the complaint does not identify a proposed guardian, the certification shall be filed prior to the entry of the judgment of legal incapacity and the appointment of the guardian. The Administrative Director of the Courts will establish a background screening policy for proposed guardians of incapacitated adults, which may include fingerprinting.

Certain individuals and entities are exempt from the new requirement. These include: parents of allegedly incapacitated children; spouses of, and those in a civil unions or domestic partnerships with allegedly incapacitated persons; certain temporary guardians; certain agencies; public officials appointed as limited guardians for medical purposes; financial institutions; and attorneys licensed and in good standing in the State of New Jersey. The court, however, may require any of the above individuals and entities to undergo background screening as a prerequisite to appointment based on the individual facts of the case.

R. 4:86-4 was amended to require the order to show cause to include provisions requiring any proposed guardian to comply with any applicable background screening policy, and to provide that a copy of the policy shall be provided with the order.
R. 4:86-6 requires the guardian’s acceptance of appointment to include an acknowledgment of compliance with any background screening policy for proposed guardians of incapacitated adults promulgated by the Administrative Director of the Courts.

The amended Rules can be found at https://njcourts.gov/notices/2021/n210322a.pdf.