Autism New Jersey Secures Advocacy Victory for Families
New Jersey families caring for a child with autism who is turning 18 and needs guardianship will soon have an extra six months to get the important legal protection in place. Autism New Jersey is proud to have played a vital role in advocating for the enactment of this legislation and celebrates the added protections P.L. 2025, c.129 will offer New Jerseyans.
A new state law (S2332) signed on December 23 by Acting Governor Tahesha Way allows parents (or other caregiver relatives) of some children with autism or another developmental disability to apply for guardianship before their child turns 18 years old, helping to ensure that legal decision-making authority can continue without interruption.
Previously, prospective guardians had to wait until the individuals turned 18 to file an application with the court. Guardianship can be a lengthy process taking several months, potentially resulting in individuals living without legal protection for extended periods of time.
Autism New Jersey actively worked with the sponsors of the bill to advance passage. We advocated for the measure throughout the committee process in both the Senate and Assembly and provided insight into the lived experiences that the application of the New Jersey Court Rules and guardianship complaint process has had on individuals with autism and their families. We applaud the efforts of Acting Governor Tahesha Way, prime sponsors Senate President Nicholas Scutari and Assemblywoman Carol Murphy, and all of the co-sponsors to enhance legal protections for those with severe autism.
When an individual turns 18 years old, they are legally recognized as an adult and have the right to make certain decisions for themselves about their health, finances, safety, and welfare. Some residents, such as those with profound autism, may not have the capacity to make these decisions. Guardianship allows caregivers to step in and make those decisions for their child or loved one.
Stacie Sherman, Autism New Jersey’s Communications Director, is the legal guardian of her 23-year-old daughter, Brielle, who has profound autism. Though Stacie started preparing for guardianship months before Brielle turned 18, she had to wait until her daughter’s birthday to file the paperwork with the courts. As a result, Brielle went nearly two months without certain legal protections.
“I have heard way worse stories of parents having to wait several months to be appointed guardians,” Sherman said. “That gap in time was such an emotional and scary time for us. I worried if something happened to Brielle, I wouldn’t be able to help her. This new law is going to give peace of mind to so many parents.”
To learn more about the different options of adult decision making which include supported decision-making, power of attorney, and guardianship, please click here.