Notice and Order – Judiciary Working Group on Elder Justice – Supreme Court Approval of Recommendations; Amendments to Rule 4:86

JUDICIARY WORKING GROUP ON ELDER JUSTICE -APPROVAL OF
RECOMMENDATIONS; AMENDMENTS TO RULE 4:86

The Supreme Court has approved the Recommendations of the Judiciary Working Group on Elder Justice, including amendments to Rule 4:86 ("Action for Guardianship of an Incapacitated Person or for the Appointment of a Conservator") to clarify procedures for restoration of rights of incapacitated adults.

The Court's September 27, 2023 Order amending Rule 4:86 is attached. The amendments are effective January 1, 2024.

The recommendations, which are summarized in a June 14, 2023 Notice to the Bar and which will guide the Working Group's ongoing efforts, include:

Creation of an Elder Justice web page to provide information for the public and help connect people with statewide resources;
Training programs to address elder justice issues, which may include programs for law enforcement, county adult protective services, health professionals, attorneys, judges and court staff, and court-appointed guardians;
A streamlined criminal referral process and creation of an elder justice information line ( currently using the New Jersey Medicaid Fraud Control Unit's Elder Abuse, Neglect, and Financial Exploitation Tip Hotline);
Attorney trust account monitoring for professionals who serve as fiduciaries;
Development of a statewide guardianship mediation program;
Recommended court rule amendments and potential statutory amendments for guardianship and protective arrangements, including the amendments to Rule 4:86-7 adopted in the Court's September 27, 2023 Order, with potential additional amendments currently under review to adopt a bill of rights for
persons subject to guardianship;
Public information and outreach;
Formation of multi-disciplinary teams (MDTs) to address adult maltreatment;
A requirement that attorneys who accept court appointments to serve as guardians disclose to the court when the attorney has four or more appointments as guardian in active cases before accepting additional appointments; and
Stakeholder review of fiduciary statutes and regulations.
Questions about this notice may be directed to the Civil Practice Division at (609) 815-2900 ext. 54900 or civilwebsites.mbx@njcourts.gov.