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

3B:12B-13 Appropriate forum. 13. Appropriate forum. a. A court of this State having jurisdiction under section 9 of P.L.2012, c.36 (C.3B:12B-9) to declare a person incapacitated, appoint a guardian, or issue a protective order, may decline to exercise jurisdiction if it determine…

3B:12B-14 Jurisdiction declined by reason of conduct. 14. Jurisdiction declined by reason of conduct. a. If, at any time, a court of this State determines that it acquired jurisdiction to declare a person incapacitated, appoint a guardian, or issue a protective order because of u…

3B:12B-15 Notice of proceeding. 15. Notice of proceeding. If this State was not the respondent's home state on the date a petition to declare a person incapacitated for the appointment of a guardian or issuance of a protective order is filed in this State, notice of the petition …

3B:12B-16 Proceedings in more than one state. 16. Proceedings in more than one state. Except for a petition for the appointment of a guardian or issuance of a protective order in an emergency under paragraph (1) of subsection a. of section 11 of P.L.2012, c.36 (C.3B:12B-11), or a…

3B:12B-17 Transfer of guardianship or conservatorship to another state. 17. Transfer of guardianship or conservatorship to another state. a. A guardian or conservator appointed, or a conservatee, in this State may petition the court to transfer the guardianship or conservatorship…

3B:12B-18 Accepting guardianship or conservatorship transferred from another state. 18. Accepting guardianship or conservatorship transferred from another state. a. To confirm transfer of a guardianship or conservatorship to this State under provisions similar to section 17 of P.…

3B:12B-19 Registration of guardianship or conservatorship orders. 19. Registration of guardianship or conservatorship orders. If a guardian has been appointed in another state and an application for the appointment of a guardian of the person or estate, or both, is not pending in…

3B:12B-2 Scope of act. 2. Scope of Act. a. P.L.2012, c.36 (C.3B:12B-1 et al.) governs the exercise of jurisdiction over guardianship or protective orders, as those terms are defined in P.L.2012, c.36 (C.3B:12B-1 et al.), when there are interstate conflicts or uncertainty regardin…

3B:12B-20 Effect of registration. 20. Effect of registration. a. Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this State all powers authorized in the order of appointment except as prohibited under the law…

3B:12B-21 Uniformity of application and construction. 21. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact …

3B:12B-22 Transitional provision. 24. Transitional provision. a. P.L.2012, c.36 (C.3B:12B-1 et al.) applies to guardianship and protective proceedings filed on or after the effective date. b. Sections 1 through 4 of P.L.2012, c.36 (C.3B:12B-1 through C.3B:12B-4); sections 6 throu…

3B:12B-3 Definitions. 3. Definitions. As used in P.L.2012, c.36 (C.3B:12B-1 et al.), unless otherwise defined: a. "Adult" means a person at least 18 years of age. b. "Conservatee" means, as used in this State, a person who has not been adjudicated incapacitated but who by reason …

3B:12B-4 International application of the act. 4. International application of the act. A court of this State may treat a foreign country as if it were a state for the purpose of applying all sections of P.L.2012, c.36 (C.32B:12B-1 et al.) except for sections 19 and 20 of P.L.201…

3B:12B-5 Which act governs; exclusive jurisdictional basis; applicability. 5. Which act governs; exclusive jurisdictional basis; applicability. P.L.2012, c.36 (C.3B:12B-1 et al.) governs jurisdiction of guardianship proceedings and provides the exclusive jurisdictional basis for …

3B:12B-6 Communication between courts. 6. Communication between courts. a. A court of this State may communicate with a court of another state concerning a proceeding arising pursuant to P.L.2012, c.36 (C.3B:12B-1 et al.). The court may allow the parties to participate in the com…

3B:12B-7 Cooperation between courts. 7. Cooperation between courts. a. In a guardianship or protective proceeding, a court of this State may request the appropriate court of another state to do any of the following: (1) hold an evidentiary hearing; (2) order a person in that stat…

3B:12B-8 Taking testimony in another state; documentary evidence. 8. Taking testimony in another state; documentary evidence. a. A court of this State may permit a witness located in another state to be deposed or to testify by any means permitted by the Rules Governing the Court…

3B:12B-9 Jurisdiction; determination. 9. Jurisdiction; determination. a. A court of this State has jurisdiction to declare a person incapacitated and appoint a guardian or issue a protective order for a respondent if: (1) This State is the respondent's home state as defined in se…