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 defined in section 3 of P.L.2003, c.246 (C. 26:8A-3), heir or friend of the incapacitated adult;

(2) the public guardian appointed pursuant to section 5 of P.L.1985, c.298 (C. 52:27G-24); or

(3) a registered professional guardian.

b. A person shall not serve as a registered professional guardian for any incapacitated adult who is a resident or confined to any facility or institution where the registered professional guardian is employed by, or has any duties or responsibilities in connection with, the facility or institution, with the exception of an employee who has duties and responsibilities at the facility or institution and is a relative of the ward.

c. Nothing herein shall affect the authority of the court to appoint a financial institution qualified pursuant to section 28 of P.L. 1948, c.67 (C. 17:9A-28) as a fiduciary, or a person designated as a testamentary guardian.

d. A person may serve as a professional guardian of an incapacitated adult if that person has been registered by the Office of the Public Guardian for Elderly Adults as a professional guardian pursuant to this act. The Office of the Public Guardian for Elderly Adults shall not register a person as a professional guardian unless that person:

(1) is a full-time New Jersey resident or maintains an office in New Jersey;

(2) has, prior to the effective date of this act, had a minimum of five years of work experience as a court-appointed guardian of five or more persons not related to the guardian; or, on or after the effective date of this act, has received a bachelor’s degree and has two years of work experience in the field of care management, case management or other relevant work experience involving the management and care of elderly adults;

(3) has supplied proof of current professional liability insurance coverage to the Office of the Public Guardian for Elderly Adults;

(4) has submitted a credit check to the Office of the Public Guardian for Elderly Adults from one national credit reporting agency, which has been issued within one month of the date of the application for registration as a professional guardian;

(5) has satisfied the criminal history record background, child abuse registry and domestic violence central registry check requirements of this act;

(6) is not subject to any outstanding warrants for arrest;

(7) has completed approved initial training and biennial continuing education courses, as provided for in section 5 of this act, relating to guardianship law, procedures and ethics; and

(8) is not otherwise ineligible as set forth in section 3 of this act.

e. Except for legal services authorized by a court, a person serving as a registered professional guardian: (1) shall only provide guardianship services to a ward and shall not bill the ward for other professional or licensed services while serving as guardian; and (2) shall not contract for professional or licensed services with a person, organization or agency with which the guardian has a vested interest.

L.2005,c.370,s.2.