Title 52, Title 52: STATE GOVERNMENT, DEPARTMENTS AND OFFICERS

52:27G-13. Confidentiality of information; exceptions; violations; penalty; privileged communications a. The office shall maintain confidentiality with respect to all matters in relation to any complaint or investigation together with identities of the complainants, witnesses or …

52:27G-14. No reprisals a. No discriminatory, disciplinary or retaliatory action shall be taken against any officer or employee of a facility or government agency by such facility or government agency or against any patient, resident, or client of a facility or guardian or family…

52:27G-15. Review of office by legislature The Legislature through the Senate and Assembly Standing Committees on Institutions, Health and Welfare, or such other committee or committees as may be designated from time to time by the President of the Senate and Speaker of the Gener…

52:27G-16. Severability If any section, subsection, paragraph, sentence or other part of this act is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its effect to the section, subsectio…

52:27G-2 Definitions. 2. As used in this act, unless the context clearly indicates otherwise: a. "Abuse" means the willful infliction of physical pain, injury, or mental anguish; unreasonable confinement; or the willful deprivation of services which are necessary to maintain a pe…

52:27G-20. Short title This act shall be known and may be cited as the "Public Guardian for Elderly Adults Act." L. 1985, c. 298, s. 1.

52:27G-21 Findings, declarations. 2. The Legislature finds and declares that private guardianship for an elderly adult who is incapacitated may not be feasible where there are no willing and responsible family members or friends to serve as guardian, that P.L.1985, c.298 (C.52:27…

52:27G-22. Definitions As used in this act: a. "Court" means the Superior Court. b. "Elderly adult" means a person aged 60 years or older. L. 1985, c. 298, s. 3.

52:27G-23 Office of the Public Guardian for Elderly Adults. 4. There is created in the Executive Branch of the State Government the Office of the Public Guardian for Elderly Adults. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New …

52:27G-24. Appointment of public guardian The administrator and chief executive officer of the office is the public guardian, who shall be a person qualified by training and experience to perform the duties of the office. The public guardian shall be appointed by the Governor, wi…

52:27G-25. Public guardian as administrator and chief executive officer; powers and duties The public guardian, as administrator and chief executive officer: a. Shall administer and organize the work of the office and establish therein any administrative divisions he may deem nec…

52:27G-25.1. Office of the Public Guardian for Elderly Adults, duties 27. The Office of the Public Guardian for Elderly Adults shall conform and implement procedures necessary to comply with the requirements of P.L.1991, c.201 (C.26:2H-53 et al.), and shall make a written stateme…

52:27G-26. Eligibility for services; petition for appointment by person with responsibility for eligible elderly person; limitation of powers in order Any elderly person residing in the State who may be found by a court to require a guardian or conservator, pursuant to the provis…

52:27G-27. Administrative costs, commissions and fees of public guardian's services and costs of appointment procedure a. If the public guardian is appointed guardian or conservator for an eligible elderly person, the administrative costs, commissions and fees of the public guard…

52:27G-27.1. Lien on estate of elderly person for services of public guardian a. The reasonable value of the services rendered by the public guardian may in all cases be a lien on the estate of the elderly person on whose behalf the services have been rendered, pursuant to a cour…

52:27G-28. Consideration of ward's beliefs The public guardian shall consider the religious and ethical beliefs of the ward when making decisions on the ward's behalf. The public guardian shall consider nonmedical remedial treatment in accordance with a recognized method of heali…

52:27G-29. Grants of authority a. If it is determined that the public guardian should be appointed for a proposed ward, the court shall enter an order that makes findings of fact on the basis of clear, unequivocal, and convincing evidence supporting each grant of authority to the…

52:27G-29.1. Maximum caseload The public guardian shall determine the maximum caseload that the office can maintain based on the amount of funds appropriated or otherwise made available to the office. When a maximum caseload is reached, the public guardian may decline appointment…

52:27G-3 Office of the State Long-Term Care Ombudsman. 3. There is established the State Long-Term Care Ombudsman. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Office of the State Long-Term Care Ombuds…

52:27G-30. Discharge by court; petition The public guardian may be discharged by a court with respect to any of the authority granted over each ward upon petition of the elderly person, any interested person, or the public guardian, or upon the court's own motion, when it appears…

52:27G-31. Cost, fee waiver permitted In any proceeding for appointment of a public guardian, or in any proceeding involving the estate of an eligible elderly person for whom a public guardian has been appointed conservator or guardian, the court may waive any court costs or fili…

52:27G-32 Findings, declarations relative to elderly, incapacitated adults. 1. The Legislature finds and declares that: a. As the elderly and other incapacitated adult populations in the State continue to grow, the need for an increasing number of qualified individuals to be avai…

52:27G-33 Requirements for service as guardian. 2. a. A person shall not serve as a professional guardian of five or more wards who are incapacitated adults unless that person has been granted letters of guardianship under N.J.S.3B:12-25 and is: (1) a spouse, domestic partner as …

52:27G-34 Ineligiblity for registration as professional guardian. 3. a. In addition to the disqualification from registration as a professional guardian pursuant to section 6 of this act, a person is ineligible for registration as a professional guardian or, if registered, may ha…

52:27G-35 Existing agreements, void, exceptions. 4. a. An inter vivos gift, contract, conveyance, disposition, transfer, trust, change in beneficiary designation, appointment, or re-titling of an account or property, or a testamentary instrument affecting an incapacitated adult's…

52:27G-36 Application, annual registration fees. 5. a. The Office of the Public Guardian for Elderly Adults shall charge each professional guardian an initial application fee and an annual registration fee. The initial application fee shall be in addition to the cost of a credit …

52:27G-37 Criminal background checks for professional guardians. 6. a. Upon receipt of an application for registration as a professional guardian, the Office of the Public Guardian for Elderly Adults is authorized to determine whether criminal history record information exists on…

52:27G-38 Information provided for background checks. 7. a. A person who is required to undergo a criminal history record background, child abuse registry and domestic violence central registry check pursuant to section 6 of this act shall submit to the public guardian his name, …

52:27G-39 Applicant to assume cost of background checks. 10. A person seeking registration as a professional guardian shall assume the cost of the criminal history record background and child abuse registry checks conducted pursuant to this act, in accordance with regulations as …

52:27G-4 Ombudsperson, qualifications, appointment. 4. The administrator and chief executive officer of the office shall be the Ombudsperson for the Institutionalized Elderly, who shall be a person qualified by training and experience to perform the duties of the office. The Ombu…

52:27G-40 Statewide registry of registered professional guardians; information included. 11. a. The Office of the Public Guardian for Elderly Adults shall maintain a Statewide registry of registered professional guardians and make all information in the registry available to the …

52:27G-41 Suspension, revocation of registration as professional guardian. 12. The public guardian may suspend or revoke a person's registration as a professional guardian and remove the person from the Statewide registry established pursuant to section 11 of this act if: the pub…

52:27G-42 Registered Professional Guardian Fund. 15. a. There is established in the Department of Human Services a special non-lapsing fund to be known as the Registered Professional Guardian Fund, which shall be a dedicated fund to serve as a depository for monies collected from…

52:27G-43 Rules, regulations, Rules of Court. 16. a. The Commissioner of Human Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt rules and regulations necessary for the implementation of this act. b. The Supreme Court may ad…

52:27G-5. Duties and powers 5. The ombudsman, as administrator and chief executive officer of the office, shall: a. Administer and organize the work of the office and establish therein such administrative subdivisions as necessary, proper, and expedient. He or she may formulate a…

52:27G-5.1 Office of the State Long-Term Care Ombudsman; duties. 26. The Office of the State Long-Term Care Ombudsman shall conform and implement procedures necessary to comply with the requirements of P.L.1991, c.201 (C.26:2H-53 et al.), and shall make a written statement of its…

52:27G-5.2 Annual report of facilities' payroll-based journal. 1. a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, veterans' facilities, as that term is defined in section 1 of P.L.1989, c.162 (C.38A:3-6.3), shall provide an annual report of such…

52:27G-6 Objective of the Office of the State Long-Term Care Ombudsman. 6. The Office of the State Long-Term Care Ombudsman shall have as its basic objective that of promoting, advocating and insuring, as a whole and in particular cases, the adequacy of the care received, and the…

52:27G-7 Procedures for receiving, responding to complaints. 7. a. The office shall establish and implement procedures for eliciting, receiving, processing, responding to, and resolving complaints from patients, residents, or clients of facilities, the relatives or guardians of s…

52:27G-7.1 Report of suspected abuse. 2. a. Any caretaker, social worker, physician, registered or licensed practical nurse, or other professional or staff member employed at a facility, and any representative of a managed care entity, who, as a result of information obtained in …

52:27G-7.2 Investigation by ombudsman. 3. a. Upon receiving a report that an elderly person may be or may have been abused or exploited, the ombudsman shall conduct a prompt and thorough investigation pursuant to section 8 of P.L.1977, c.239 (C.52:27G-8). Within 24 hours of recei…

52:27G-7.3 Preparation, distribution of consent form for release of reports. 2. The ombudsman shall prepare and distribute to each facility a written consent form which sets forth that in the event of an elderly abuse investigation, the patient, resident or client of the facility…

52:27G-8. Investigations a. The office shall establish and implement procedures for conducting investigations. b. Acting on complaint, the office may, notwithstanding any referral pursuant to section 7. b. of this act, investigate any act, practice, policy or procedure of any fac…

52:27G-8.1. Registry of reports The ombudsman shall maintain a central registry of all reports of suspected abuse or exploitation and all investigations, findings and recommended action. No information received and compiled in such registries shall be construed as a public record…

52:27G-9. Duties, recommendations and annual report of office The office shall acknowledge complaints, report its findings, make recommendations, gather and disseminate information and other material, and publicize its existence, all as herein provided: a. If a complaint identifi…