Title 3B, Title 3B: ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS

3B:12-13 Power to designate testamentary guardian. 3B:12-13. Power to designate testamentary guardian. Subject to the provisions of N.J.S.3B:12-14, either parent may, by his will, appoint a guardian of the person and a guardian of the estate, or a guardian of the person and estat…

3B:12-14. Consent of surviving parent; formal requisites Where an appointment is made under N.J.S. 3B:12-13 and the other parent survives the appointing parent, the appointment shall be effective only when the surviving parent, at or before the issuance of the letters, consents t…

3B:12-15 Appointment of testamentary guardian by surviving parent. 3B:12-15. Appointment of testamentary guardian by surviving parent. If no guardian has been appointed pursuant to N.J.S.3B:12-13 and N.J.S.3B:12-14, or if the surviving parent was so appointed, the surviving paren…

3B:12-16 Bond of testamentary guardian. 3B:12-16. Bond of testamentary guardian. Before receiving his letters, a testamentary guardian of a minor shall give bond in accordance with N.J.S.3B:15-1 et seq., unless the guardian is relieved from doing so by direction of the will of th…

3B:12-17. Determination into fitness of a testamentary guardian of a minor's person If a will appointing a testamentary guardian of the person of a minor has been or is to be probated in the surrogate's court of any county or the Superior Court, the Superior Court may, in an acti…

3B:12-18. Effect of a testamentary appointment The appointment of a testamentary guardian of the person or estate of a minor or his estate shall be good and effectual against any other person claiming the guardianship over or custody of the minor or his estate, as the case may be…

3B:12-19. Guardian for property of nonresident minor Where a nonresident minor has property within this State, the Superior Court may appoint a guardian of the minor to administer his property. The surrogate's court shall have concurrent authority to appoint a guardian for the pr…

3B:12-2 Matters within a protective arrangement. 3B:12-2. Matters within a protective arrangement. Protective arrangements include, but are not limited to, payment, delivery, deposit or retention of funds or property, sale, mortgage, lease or other transfer of property, entry int…

3B:12-20. Special guardian for consent to enlist; bond; fees When any minor, who is of an age that the consent of his parent or guardian is necessary to enable him to enlist in the armed forces of the United States, desires to enlist in the armed forces of the United States and h…

3B:12-21. Persons entitled to appointment In an action for the appointment of a guardian of the person, guardian of the estate, or a guardian of the person and estate of a minor, the surrogate's court of the county wherein he resides or, if he is a nonresident, where his real or …

3B:12-22. Appointment when heirs are nonresidents When it shall appear to the Superior Court, or surrogate's court that the heirs of a minor residing in this State do not reside within this State, the court may take any action in respect to the appointment of a guardian of the pe…

3B:12-23. Guardian for child of absconding or absent parent If a resident of this State has or shall abscond or absent himself from the State, leaving a child under the age of 18 without sufficient provision for his maintenance and education, the surrogate of the county wherein t…

3B:12-24 Issue of incapacity triable without jury unless jury is demanded. 3B:12-24. Issue of incapacity triable without jury unless jury is demanded. In civil actions or proceedings for the determination of incapacity or for the appointment of a guardian for an alleged incapacit…

3B:12-24.1 Determination by the court of need for guardianship services, specific services. 12. Determination by the court of need for guardianship services, specific services. a. General Guardian. If the court finds that an individual is incapacitated as defined in N.J.S.3B:1-2 …

3B:12-25 Appointment of guardian. 3B:12-25. Appointment of guardian. The Superior Court may determine the incapacity of an alleged incapacitated person and appoint a guardian for the person, guardian for the estate or a guardian for the person and estate. Letters of guardianship …

3B:12-26 Action against incapacitated person when guardian newly appointed; leave of court required. 3B:12-26. Action against incapacitated person when guardian newly appointed; leave of court required. No action shall be brought or maintained against an incapacitated person with…

3B:12-27 Distribution of property of an incapacitated person as intestate property. 3B:12-27. Distribution of property of an incapacitated person as intestate property. If an incapacitated person dies intestate or without any will except one which was executed after commencement …

3B:12-28 Return to competency; restoration of estate. 3B:12-28. Return to competency; restoration of estate. The Superior Court may, on summary action filed by the person adjudicated incapacitated or the guardian, adjudicate that the incapacitated person has returned to full or p…

3B:12-3 Factors to be considered before approving a protective arrangement. 3B:12-3. Factors to be considered before approving a protective arrangement. Before approving a protective arrangement or other transaction the court shall consider the interests of creditors and dependen…

3B:12-30 Appointment of guardian of adult by parents or spouse or domestic partner; judgment confirming appointment. 3B:12-30. Appointment of guardian of adult by parents or spouse or domestic partner; judgment confirming appointment. The parents who have been appointed the guard…

3B:12-31 Consent by surviving parent to guardian's appointment. 3B:12-31. Consent by surviving parent to guardian's appointment. Where an appointment of a testamentary guardian is made by a parent under N.J.S.3B:12-30 and the other parent survives the appointing parent, the appoi…

3B:12-32 Temporary appointment of guardian if person not adjudicated an incapacitated person. 3B:12-32. Temporary appointment of guardian if person not adjudicated an incapacitated person. If the person for whom a testamentary guardian has been appointed under the will of a paren…

3B:12-33 Bond of testamentary guardian. 3B:12-33. Bond of testamentary guardian. Before receiving his letters, a testamentary guardian of an incapacitated person shall give bond in accordance with N.J.S.3B:15-1 unless the guardian is relieved from doing so by direction of the wil…

3B:12-34 Determination into fitness of a testamentary guardian of the person of an incapacitated person. 3B:12-34. Determination into fitness of a testamentary guardian of the person of an incapacitated person. If a will appointing a testamentary guardian of the person of an inca…

3B:12-35 Effect of a testamentary appointment. 3B:12-35. Effect of a testamentary appointment. The appointment of a testamentary guardian of the person of an incapacitated person or his estate shall be good and effectual against any other person claiming the guardianship over or …

3B:12-36 Authority of court with respect to ward's person and estate. 3B:12-36. Authority of court with respect to ward's person and estate. If a guardian has been appointed as to the person of a minor or an incapacitated person, the court shall have authority over the ward's per…

3B:12-37 Letters of guardianship to state any limitations at the time of appointment or later. 3B:12-37. Letters of guardianship to state any limitations at the time of appointment or later. If the court limits any power conferred on the guardian, the limitation shall be so state…

3B:12-38 Title to ward's property vested in guardian as trustee. 3B:12-38. Title to ward's property vested in guardian as trustee. The appointment of a guardian of the estate of a minor or an incapacitated person vests in him title as trustee to all property of his ward, presentl…

3B:12-39 Delegation of parent's, custodian's, or guardian's powers regarding child's or minor ward's care, custody or property; limitations. 3B:12-39. Delegation of parent's, custodian's, or guardian's powers regarding child's or minor ward's care, custody or property; limitation…

3B:12-4 Appointment of special guardian. 3B:12-4. Appointment of special guardian. The court may appoint a special guardian to assist in the accomplishment of any protective arrangement or other transaction authorized under this article who shall have authority conferred by the o…

3B:12-40. Duty of guardian of ward's person to account to guardian of his estate If another person has been appointed guardian of the estate, all of the ward's estate received by the guardian of the person in excess of those funds expended to meet current expenses for support, ca…

3B:12-41 Guardian of ward's person entitled to reimbursement for expenses; payments to third persons. 3B:12-41. Guardian of ward's person entitled to reimbursement for expenses; payments to third persons. If another person has been appointed guardian of the ward's estate, the gua…

3B:12-42 Reporting condition of ward's person and property to court. 3B:12-42. Reporting condition of ward's person and property to court. A guardian shall report at time intervals as ordered by the court, unless otherwise waived by the court, the condition of the ward and the co…

3B:12-43 Expenditures to be made by guardian out of ward's estate. 3B:12-43. Expenditures to be made by guardian out of ward's estate. A guardian of the estate of a minor or incapacitated person may expend or distribute so much or all of the income or principal of his ward for th…

3B:12-44 Recommendations to be considered by guardian of ward's estate in making expenditures. 3B:12-44. Recommendations to be considered by guardian of ward's estate in making expenditures. In making expenditures under N.J.S.3B:12-43, the guardian of the estate of a minor or inc…

3B:12-45 Other factors to be considered by guardian of ward's estate in making expenditures. 3B:12-45. Other factors to be considered by guardian of ward's estate in making expenditures. In making expenditures under N.J.S.3B:12-43, the guardian of the estate of a minor or incapac…

3B:12-46 Persons for whose benefit expenditures may be made by guardian of ward's estate. 3B:12-46. Persons for whose benefit expenditures may be made by guardian of ward's estate. The guardian of the estate of a minor or incapacitated person may expend funds of the ward's estate…

3B:12-47 Persons to whom funds may be paid. 3B:12-47. Persons to whom funds may be paid. Funds expended by the guardian of the estate of a minor or an incapacitated person under N.J.S.3B:12-43 may be paid by the guardian to any person, including the ward, to reimburse for expendi…

3B:12-48 Powers conferred upon a guardian. 3B:12-48. Powers conferred upon a guardian. A guardian of the estate of a minor or an incapacitated person has all of the powers conferred upon the guardian by law and the provisions of this chapter except as limited by the judgment. The…

3B:12-49 Powers conferred upon the court. 3B:12-49. Powers conferred upon the court. The court has, for the benefit of the ward, the ward's dependents and members of his household, all the powers over the ward's estate and affairs which he could exercise, if present and not under…

3B:12-5 Right of alleged incapacitated person to trial on issue of incapacity. 3B:12-5. Right of alleged incapacitated person to trial on issue of incapacity. Where application is made to the court for proceedings to affect the property and affairs of an alleged incapacitated per…

3B:12-50. Additional powers which may be exercised by the court The court may exercise, or direct the exercise of, or release the powers of appointment of which the ward is donee, to renounce interests, to make gifts in trust or otherwise, or to change beneficiaries under insuran…

3B:12-51. Powers and responsibilities of a guardian of the person of a minor generally A guardian of the person of a minor has the powers and responsibilities of a parent who has not been deprived of custody of his minor and unemancipated child, except that a guardian is not lega…

3B:12-52. Powers and duties of a guardian of the person of a minor In particular, and without qualifying the provisions of N.J.S. 3B:12-51, a guardian of the person of a minor has the following powers and duties, except as modified by order of the court: a. He must take reasonabl…

3B:12-53. Powers and duties of a guardian of the estate of an unmarried minor as guardian of the minor's person A guardian of the estate of an unmarried minor, as to whom no one has parental rights, has the duties and powers of a guardian of the person of a minor described in thi…

3B:12-54 Duty of guardian to deliver property when minor attains 18 years of age. 3B:12-54. Duty of guardian to deliver property when minor attains 18 years of age. Except as provided in section 2 of P.L.2003, c.258 (C.3B:12-54.1), when a minor who has not been adjudged an incapa…