N.J. Admin. Code § 10:43-6.1

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

Section 10:43-6.1 - Procedures

(a) As provided in N.J.S.A. 30:4-165.7, if a family member or other interested party is requesting a certification from the DDD service component, the DDD administrative head must receive the report and certification from the physician or licensed psychologist, which shall be part of the guardianship complaint.

1. If the administrative head of the service component or service component staff has personal knowledge of the facts supporting the belief that the alleged incapacitated person suffers from a significant chronic functional impairment to such a degree that the person either lacks the cognitive capacity to make decisions for him or herself or to communicate, in any way, decisions to others pursuant to N.J.S.A. 30:4-165.8, the administrative head of the service component shall provide, upon request, within 15 working days, a certification attesting to the individual's need for a guardian. The certification may also contain information indicating whether or not the service component unit supports appointment of the proposed guardian; and

2. The affidavit or certification of a physician or licensed psychologist shall be arranged by the party filing the guardianship complaint.

(b) If a family member or other interested party initiates legal action for the appointment of a guardian, and if the service component does not have the facts to support that the individual is in need of a guardian, or contends that the individual does not need a guardian or needs a limited guardian of the person, not a general guardian:

1. No certifications relative to the issue of guardianship shall be completed by the service component. Instead, the administrative head of the service component shall notify the applicant for guardianship in writing, that the administrative head does not have the facts to support that the individual needs a guardian or the individual is not considered to be in need of a guardian or appropriate documentation that only limited guardianship of the person is needed. The family or interested party shall be notified in writing that at the family's or interested party's request, a meeting may be held to review the decision of the administrative head.

(c) If a complaint has been filed in Superior Court by a family member or other interested party for a judgment designating guardian, a copy of the moving papers shall be provided by the filer to the administrative head of the service component within 10 days of filing.

(d) If the administrative head of the service component ascertains that a guardianship action is being pursued even though the service component disagrees that the individual is in need of a guardian or requires limited, not general guardianship, or if the service component does not support the appointment of the proposed guardian he or she shall notify the Chief, Bureau of Guardianship Services. The Chief, Bureau of Guardianship Services, shall, after appropriate legal consultation, determine whether action should be taken, based on the best interest of the individual and the individual's stated wishes.

N.J. Admin. Code § 10:43-6.1

Amended by R.2010 d.280, effective 12/6/2010.
See: 42 N.J.R. 1288(a), 42 N.J.R. 2954(b).
Rewrote the introductory paragraph of (a), (a)1, the introductory paragraph of (b), and (b)1; and deleted (b)2.