Sponsored by:
Assemblywoman LISA SWAIN
District 38 (Bergen and Passaic)
Assemblyman P. CHRISTOPHER TULLY
District 38 (Bergen and Passaic)
Assemblyman ROY FREIMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Allows veteran’s guardian to remove veteran from DMVA veterans’ memorial home under certain emergency circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the ability of guardians to remove veterans residing in Department of Military and Veterans’ Affairs memorial homes under certain emergencies and supplementing P.L.1993, c.281 (C.38A:3-2b2 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Whenever a state of emergency or public health emergency is declared by the Governor pursuant to P.L.1942, c.251 (C.App.A:9-33 et seq.) or the “Emergency Health Powers Act,” P.L.2005, c.222 (C.26:13-1 et seq.), each veteran’s guardian appointed pursuant to section 1 of P.L.1993, c.281 (C.38A:3-2b2 et seq.), or each person otherwise having the veteran’s power of attorney, shall be allowed to remove the veteran from the veterans’ memorial home pursuant to procedures established under Department of Military and Veterans’ Affairs rules and regulations, except the department shall allow for an initial extension of up to 30 days and one additional extension of up to 30 days. The resident veteran shall be required to continue to pay the care and maintenance fee while on temporary furlough to hold a bed. Regular operating procedures shall resume at the conclusion of the state of emergency or public health emergency.
2. This act shall take effect immediately.
STATEMENT
Under current law, a family member or other person may be appointed as the guardian of a veteran residing in a Department of Military and Veterans’ Affairs (DMVA) memorial home.
This bill would allow the veteran’s guardian to remove the veteran from the veterans’ memorial home under certain emergency circumstances. Under the bill, whenever a state of emergency or public health emergency is declared by the Governor under emergency powers, each veteran’s guardian, or each person otherwise having the veteran’s power of attorney, would be allowed to remove the veteran from the veterans’ memorial home pursuant to procedures established under DMVA rules and regulations. The department would be required to allow for an initial extension of up to 30 days and one additional extension of up to 30 days. The resident veteran would be required to continue to pay the care and maintenance fee while on temporary furlough to hold a bed. Regular operating procedures would resume at the conclusion of the state of emergency or public health emergency.