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 have his registration suspended or revoked pursuant to section 12 of this act, if the person:

(1) is an attorney who has been disbarred or suspended from the practice of law;

(2) was engaged in a profession or occupation for which the person was licensed, certified or registered by a board or other authorized entity in the State and his license, certification or registration was suspended or revoked by the applicable board or other authorized entity of the profession or occupation;

(3) has a criminal conviction or has been found to be civilly liable for any matter involving moral turpitude, abuse, neglect, fraud, misappropriation, misrepresentation, theft or conversion;

(4) lacks financial responsibility to serve as a registered professional guardian, as determined by the Office of the Public Guardian for Elderly Adults;

(5) is found to have committed abuse, neglect or exploitation of another person;

(6) is the subject of any other disciplinary decision or civil adjudication that would prohibit the person by law from providing services to children or vulnerable adults;

(7) fails to fulfill the initial training or biennial continuing education courses pursuant to this act;

(8) misrepresents, conceals or falsifies information on the registered guardian application form or annual renewal form;

(9) is found to have committed any act which results in a substantial change in the registered guardian's qualifications to serve as a guardian;

(10) engages in conduct which demonstrates unfitness to work as a registered professional guardian, including, but not limited to, persistent or repeated violations of a court order or engaging in any impropriety involving dishonesty, fraud, deceit or misrepresentation;

(11) fails to cooperate during the course of an investigation by the Office of the Public Guardian for Elderly Adults or any law enforcement agency;

(12) repeatedly fails to accept pro bono cases when assigned by the court; or

(13) is the subject of a court order, finding of fact or conclusion of law that indicates:

(a) a finding that the professional guardian has violated the guardian's duties to an incapacitated person or his estate;

(b) a failure to comply with an order of the court;

(c) knowingly or negligently engaging in misconduct which: benefits the professional guardian or another; operates to deceive the court; causes serious or potentially serious injury to a party, the public or the legal system; or causes serious or potentially serious interference with a legal proceeding;

(d) endangering an incapacitated person;

(e) conduct outside the powers or role of a guardian;

(f) a repeated or significant failure to perform guardian responsibilities or a dereliction of fiduciary duties;

(g) a failure to file required reports and forms;

(h) having engaged in inappropriate billing or fee payment; or

(i) malfeasance, nonfeasance or misfeasance.

b. A registered professional guardian shall maintain records of all transactions and reports associated with an incapacitated adult in his care and shall be subject to audit or spot-check inspection at any reasonable time, at the discretion of the public guardian and his authorized agents, to enable the public guardian to verify satisfactory operational, fiscal and care management compliance by professional guardians.

L.2005,c.370,s.3.