New Jersey changes guardianship law to let parents apply before disabled children turn 18
TRENTON, N.J. — New Jersey has changed its guardianship law to allow parents of children with developmental disabilities to apply for guardianship up to six months before a child turns 18, a shift supporters say will prevent gaps in legal authority that can disrupt medical care and access to benefits.
The new law, A3893/S2332, was championed by Assemblyman Michael Inganamort after advocacy from Lee-Ellen Pisauro of Sandyston, a mother who said she encountered barriers when her son with Down syndrome reached adulthood in December 2021.
Under the previous process, Pisauro said her parental authority to make medical and daily care decisions ended when her son turned 18, even though his needs remained the same. She said the timing of court proceedings left families vulnerable to delays.
“Professionally, I had peripherally supported families through the guardianship process; however, it was not until I navigated it personally as a parent and presumptive guardian that I experienced the unintended consequences of the procedural timelines embedded in the prior law,” she said.
Pisauro said her son, Sam, was without a legal guardian for months after his 18th birthday.
“Sam was without a guardian until March 22, 2022. During that period, my husband and I were unable to manage some of his healthcare needs, access his medical benefits, or obtain documentation for time-sensitive diagnostic testing,” Pisauro said. “Recognizing that other families may face similar challenges, I met with former Senator Steven Oroho and his deputy chief of staff Brett Conrads, now chief of staff to Assemblyman Michael Inganamort, to share my concerns.”
After Oroho left the Legislature, Inganamort sponsored the bill, which permits parents to apply up to 180 days before a child’s 18th birthday.
“Parents like Lee-Ellen who have children with medically complex needs or require everyday decision-making assistance are some of the most selfless and tireless advocates I have ever had the pleasure to serve. They shouldn’t have to battle a legal system to ensure their child remains protected, but because of court delays, many children have had to go without proper guardianship for an extended period of time,” Inganamort (R-Morris) said.
Pisauro testified before the Senate Health Committee in early 2024, and the measure advanced in the Legislature. The bill passed both houses on Dec. 22, 2025, and was signed by the governor the next day, supporters said.
“I’m proud to have played a role alongside Lee-Ellen in helping get this commonsense and compassionate law across the finish line. It will make a big difference in the lives of New Jersey families and their loved ones who are counting on us for a little bit of help,” Inganamort said.
Pisauro said the law will help families who decide guardianship is necessary to protect vulnerable young adults while navigating the transition to adulthood.
“Pursuing guardianship is a personal decision. It’s not for everyone, nor should it be. But for those needing this protection, the passage of this law will ensure a smoother transition for vulnerable young adults and their families,” Pisauro said.
