N.J. Admin. Code § 10:43-5.1

Current through Register Vol. 57, No. 1, January 6, 2025

Section 10:43-5.1 - Procedures for individuals receiving guardianship services without court appointment

(a) Persons who have been receiving guardianship services from the Division without prior judicial review shall be clinically assessed regarding the continuing need for a guardian, pursuant to the provision of N.J.S.A. 30:4-165.6. The Bureau of Guardianship Services shall coordinate the scheduling of the assessments.

(b) At the request of the individual receiving services from the Division of Developmental Disabilities or at the request of a person acting on his or her behalf, the Division shall reassess the individual to ascertain whether the individual is still in need of a guardian or requires limited, not general guardianship. This reassessment shall take place within six months.

(c) The same guidelines and criteria shall be applied as are delineated under N.J.A.C. 10:43-3.

1. If a conclusion is reached that the individual needs a guardian, the matter shall proceed in accordance with N.J.A.C. 10:43-4.

2. If a conclusion is reached that the individual does not need a guardian, the administrative head of the service component shall sign a statement to that effect, which will be filed in the individual client record. The service component shall send a copy of the statement to the assigned regional office of BGS. BGS shall terminate guardianship services and notify the individual and the providers of service that he or she is no longer receiving guardianship services.

N.J. Admin. Code § 10:43-5.1