Bill Text: NJ A5201 | 2016-2017 | Regular Session | Introduced

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Bill Title: Prohibits paid caretakers from being appointed guardian or granted power of attorney for individual with disability.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2017-11-30 - Reported out of Assembly Committee, 2nd Reading [A5201 Detail]

Download: New_Jersey-2016-A5201-Introduced.html

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ASSEMBLY, No. 5201

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED NOVEMBER 30, 2017

 

 

Sponsored by:

Assemblyman  HERB CONAWAY, JR.

District 7 (Burlington)

 

 

 

 

SYNOPSIS

     Prohibits paid caretakers from being appointed guardian or granted power of attorney for individual with disability.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act prohibiting guardianship or power of attorney for certain individuals and supplementing Title 30 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Notwithstanding any law to the contrary, an individual who is receiving financial compensation for providing direct services to an individual with a disability shall not be appointed by the State as a guardian for that individual with a disability pursuant to P.L.1970, c.289 (C.30:4-165.7 et seq.) or as an agent with a power of attorney for that individual with a disability pursuant to P.L.1991, c.95 (C.46:2B-10 et seq.) or P.L.2000, c.109 (C.46:2B-8.1 et seq.).

     As used in this section:

     "Direct services" means assistance in daily living tasks, personal care services, or other tasks defined by the Department of Human Services that are provided to an individual with a disability to assist the individual to live in the community.

 

     2.    The Commissioner of Human Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations as the commissioner determines necessary to effectuate the purposes of this act.

 

     3.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would prohibit an individual who is paid to provide direct care to a person with a disability from being appointed as the person's guardian or granted power of attorney for that person.

     This bill is intended to protect people with disabilities from being exploited by the individuals who are hired to assist them.