Tuesday, May 13, 2008

New Jersey Guardianship

"Title 3B of the New Jersey State Code was altered as recently as 2006 in an effort to consolidate the definition and principles of guardianship to permit a greater degree of independence for those of decreased capacity. Despite these recent revisions, the New Jersey guardianship process is yet in dire need of further reform."

Danielle Diodato, Political Science, Monmouth University

More from the article:
Individuals are not promised the liberty of another day. When life takes an unexpected turn individuals are often forcibly stripped of their right to self-determination, leaving them at risk, defenseless, and susceptible to the thrashing of exploitation. For this reason, relatives and friends of the mentally incompetent find themselves in a guardianship dispute, struggling to decide who is the most suitable individual to govern the affairs of the incapacitated person. The guardianship process is sorely abused and misused, yet proves to be an extremely vital option that is meant to provide a steady flow of relief for the mentally incompetent and his/her prospective guardian.

Guardianship in the state of New Jersey is governed by Title 3B, Chapter 12 of the New Jersey Permanent Statutes. Title 3B applies to all individuals for any reason of mental or physical incapacity. While the statutory framework for guardianship is extensive, Title 3B does not provide an accurate definition of guardianship as it pertains to those in need of specialized protective care. In fact, the terminology provided in Title 3B is exceptionally vague insofar as it utilizes several different sections throughout Chapter 12 to define the roles and responsibilities of guardians in the New Jersey guardianship process. In addition, the recent revision constituting the right to a trial by jury is extraordinarily controversial. In establishing this provision, the courts are denying full consideration of the ethical matters in determining an individual to be mentally incompetent. In essence, a perceived mentally incompetent person may not have the ability to determine whether or not a jury trial is necessary.

Title 3B of the New Jersey guardianship statute does not require that specialists in key areas of importance, such as political, social, and economic, have the ability to influence the extent to which an individual is determined to be mentally incompetent. While the statute has recently changed with regards to the incorporation of limited guardianship, without setting regulations as to how many times and what areas a licensed specialist is required to cover in a given meeting, the New Jersey court system is subjecting an entire population to grave injustice.

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