The New Jersey State Bar Association supported the Report of the Supreme Court Working Group on Elder Justice. The report followed an analysis by a group of stakeholders to review existing court and related processes to identify existing gaps. It made recommendations to improve protections and remedies for at-risk older adults in New Jersey. The NJSBA said the recommendations were a good path ahead and offered clarifications to “further the Working Group’s laudable efforts to improve.
Among the report’s 13 recommendations are:
- The development a web page to be used as a resource for stakeholders on elder justice issues;
- The execution of a gap analysis and the creation of training programs to address identification of elder abuse and related issues to be targeted at different access points such as law enforcement, community hospitals, long-term care facilities, state and county offices, and attorneys and judges and court staff;
- Collaboration among state agencies to create a standardized pathway by which professionals and members of the public can report suspected criminal activity against older adults;
- Explore and refine the process and frequency of attorney trust account auditing for professionals who serve as fiduciaries. The NJSBA urged consideration of expanding this recommendation to include all fiduciary accounts, rather than limiting them to attorneys as guardians often do not hold an incapacitated person’s funds in their trust accounts;
- Development of a statewide guardianship mediation program and pursuit of exemption from Madden requirements for attorneys who provide pro bono mediation services in guardianship matters;
- Amend Rule 4:86-7 to clarify procedures for the restoration of rights of incapacited adults. The NJSBA urged consideration of a further amendment to require one medical certification – rather than two, which is currently required – evidencing that the incapacitated person is no longer incapacitated. The Association further recommended that if there is a contest, additional proofs that the guardianship is still needed may be determined by the court.
- Request the Legislature to consider potential amendments to N.J.S.A. 3B:12-28 to clarify legal standards for restoration of rights of incapacitated adults and N.J.S.A. 3B:12-1 et seq. to clarify the legal standards for protective arrangements to authorize services for a vulnerable adult as an alternative to guardianship. The Association pointed out that it is unclear what those legal standards would be and asked for the opportunity to participate in developing this proposed amendatory language;
- Creation of an information line to provide information, resources and procedural guidance on non-criminal elder justice issues to guardians, family members and the community;
- Development of public information and outreach materials to educate people involved with older adults – especially those of diverse populations – on elder abuse and elder justice matters;
- The formation of multi-disciplinary teams to address adult maltreatment;
- Require attorneys who accept court appointments to serve as guardians to self-disclose to the court when the attorney has four or more appointments in active cases before accepting additional appointments. The NJSBA urged further clarification that this refer exclusively to plenary guardianship appointments and to indicate that it does not include temporary guardianship appointments;
- The engagement of stakeholders in ongoing review of statutory and regulatory provisions concerning a range of fiduciary roles beyond guardianship;
- Adoption of a New Jersey Bill of Rights to enhance the rights of persons subject to guardianship. The group further recommended following a model promulgated by the National Guardianship Network.
This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.