N.J. Admin. Code § 10:43-8.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:43-8.3 - Individual who has a court-appointed guardian; staff review of guardianship

(a) The need for guardianship and the suitability of the guardian shall be reviewed by the IDT at least annually at the Service Plan meeting.

(b) If BGS is the guardian of an individual, a family member is identified and has indicated interest in being named guardian, BGS will review if that family member is appropriate pursuant to 30:4-165.1 3.

(c) If a conclusion is reached by the IDT that all or some capacity should be restored, or if the individual expresses his or her disagreement with having a guardian, the team shall make a referral to a clinician for an assessment.

(d) If the clinician concludes that all or some capacity should be restored, he or she shall communicate this recommendation to the administrative head of the service component and issue a report that meets the requirements of 10:43-3.4.

(e) If the IDT concludes that the current guardian is no longer able to serve in the best interest of the incapacitated person, the chairperson shall communicate this finding and relevant information to the administrative head of the service component.

(f) If the administrative head of the service component concurs with the recommendation of the clinician or the IDT that a proceeding should be initiated to modify or rescind the guardianship, this conclusion shall be communicated in writing within 30 days to the guardian and the individual. If the Bureau of Guardianship Services is the appointed guardian, this finding shall also be communicated to the Public Advocate.

(g) Whether or not the legal guardian has agreed or disagreed with the Division's position, the matter shall be referred to the Chief of the Bureau of Guardianship Services for referral to a court of competent jurisdiction. The Chief of the Bureau of Guardianship Services shall inform the administrative head of the service component of the documentation required in each individual case. If the incapacitated person desires to pursue the matter privately, the service component shall provide the necessary assistance to obtain an attorney and initiate the legal process.

N.J. Admin. Code § 10:43-8.3

Amended by R.2010 d.280, effective 12/6/2010.
See: 42 N.J.R. 1288(a), 42 N.J.R. 2954(b).
In (d), updated the N.J.A.C. reference.