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

3B:13A-13. Bond The court may, upon appointing a conservator in order to secure the faithful performance of the duties of his office, require him to furnish bond to the Superior Court in a sum and with proper conditions and sureties having due regard to the value of the estate in…

3B:13A-14. Conditions of bond If a bond is required of a conservator, it shall be conditioned substantially as follows: a. To well and truly take care of the estate of the conservatee and all writings and evidences concerning his real estate and to deliver them to the person or p…

3B:13A-15. Bond premium A conservator may include as a part of the lawful expense of executing his trust a reasonable sum, not exceeding 1% per annum on the amount of any bond, paid a company authorized under the laws of this State to become a surety on his bonds, as may be allow…

3B:13A-16 Limitations on appointment of conservator. 3B:13A-16. The appointment of a conservator shall not: a. Be evidence of the capacity or incapacity of a conservatee; or b. Transfer title of the conservatee's real and personal property to the conservator; or c. Deprive or mod…

3B:13A-17. Inventory A conservator may, and if required by the court shall, file with the clerk of the court an inventory, under oath, of all the real and personal property which has come into his hands or control or into the hands of any other person for him. The court shall not…

3B:13A-18. Expenditures to be made by conservator out of conservatee's estate A conservator may expend or distribute so much or all of the income or principal of the conservatee for his support, maintenance, education, general use and benefit and for the support, maintenance, edu…

3B:13A-19. Recommendations to be considered by conservator in making expenditures In making expenditures under N.J.S. 3B:13A-18, a conservator shall consider recommendations relating to the appropriate standard of support, education and benefit for the conservatee made by any par…

3B:13A-2. Civil action to appoint conservator The Superior Court may, in a civil action brought by the conservatee or some other person in his behalf, appoint a conservator to manage the estate of a conservatee, except that if the conservatee objects to the imposition of a conser…

3B:13A-20. Other factors to be considered by conservator in making expenditures In making expenditures under N.J.S. 3B:13A-19, the conservator shall expend or distribute sums reasonably necessary for the support, education, care or benefit of the conservatee with due regard to: a…

3B:13A-21. Persons for whose benefit expenditures may be made The conservator may expend funds of the conservatee's estate for the support of persons legally dependent on the conservatee and others who are members of the conservatee's household who are unable to support themselve…

3B:13A-22. Persons to whom funds may be paid Funds expended under N.J.S. 3B:13A-18 may be paid by the conservator to any person, including the conservatee, to reimburse the conservator for expenditures which he has made, or in advance for services to be rendered to the conservate…

3B:13A-23. Powers conferred upon conservator A conservator has all of the powers conferred upon him by law and the terms of this chapter, except that a conservator's powers over the property of the conservatee are limited to the investment of income or the expenditure and distrib…

3B:13A-24. Expansion or limitation of conservator's powers The court may, at the time of appointment or later, expand or limit the powers of a conservator otherwise conferred by this chapter, or previously conferred by the court, and may at any time relieve him of any expansion o…

3B:13A-25. Formal accounting A conservator shall settle his account in the Superior Court at intervals as the court may require, except that a conservator may settle his first account within 1 year after his appointment, or as soon thereafter as may be practicable. L.1983, c. 192…

3B:13A-26. Effect of judgment allowing intermediate account A judgment, made upon notice and hearing, allowing an intermediate account of a conservator, shall have the same effect as a judgment allowing an intermediate account of any other fiduciary. L.1983, c. 192, s. 1, eff. Ma…

3B:13A-27. Annual informal report or accounting The conservator shall present to the conservatee an annual informal report or accounting setting forth the collection and disposition of income and other assets within the conservator's control. The annual informal report or account…

3B:13A-28. Personal liability of conservator on contracts Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his …

3B:13A-29. Personal liability of conservator for obligations arising from control of estate A conservator is individually liable for obligations arising from control of property of the estate or for any act or omission committed in the course of administration of the estate only …

3B:13A-3. Appointment of counsel to represent conservatee The court shall have the right to appoint counsel for the proposed conservatee if it believes that counsel is necessary to adequately protect the interests of the conservatee. L.1983, c. 192, s. 1, eff. May 23, 1983.

3B:13A-30. Asserting claims against estate Claims based on contracts entered into by a conservator in his fiduciary capacity, on obligations arising from control of the estate, or on any act or omission committed in the course of administration of the estate may be asserted again…

3B:13A-31. Determining issues of liability between estate and conservator Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action. L.19…

3B:13A-32. Liability of conservator for improper exercise of power concerning estate If the exercise of power concerning the estate is improper, the conservator is liable to the conservatee or interested persons for damage or loss resulting from breach of his fiduciary duty to th…

3B:13A-33. Termination of conservatorship by conservatee Upon application of the conservatee, the court shall terminate the conservatorship, and the conservator, after the allowance of his final account, shall pay over and distribute all funds and property in his hands and under …

3B:13A-34 Termination of conservatorship. 3B:13A-34. A conservatorship shall terminate upon the death of the conservatee or upon adjudication of the conservatee to be incapacitated as provided by law, but the termination shall not affect the conservator's liability for prior acts…

3B:13A-35. Substituted conservator Upon the death of the conservator or his removal by the court for good cause or if he resigns with court approval and after filing his account, the court may appoint another conservator in the manner provided for by this chapter. L.1983, c. 192,…

3B:13A-36 Conservator's compensation. 3B:13A-36. A conservator shall be compensated for services in the same manner as a guardian for a minor or for a person who is incapacitated. amended 2013, c.103, s.43.

3B:13A-4. Conservatee to be present at hearing; court ordered investigation if conservatee unable to attend The conservatee shall be present at the hearing unless he is unable to attend by reason of physical or other inability, and that inability is established to the satisfactio…

3B:13A-5. By whom action for appointment of conservator in behalf of conservatee may be brought 3B:13A-5. By whom action for appointment of conservator in behalf of conservatee may be brought. An action for the appointment of a conservator may be brought by the conservatee as pro…

3B:13A-6. Service of notice to appoint conservator Notice of the action to appoint a conservator shall be served upon the following persons: a. The conservatee unless he is the plaintiff; b. The spouse and adult children of the conservatee or, where there are none, upon the perso…

3B:13A-7. Right of persons to be heard The persons receiving notice pursuant to N.J.S. 3B:13A-6 may, upon approval of the court and in the interest of the conservatee, appear and be heard concerning all matters relating to the conservatorship. L.1983, c. 192, s. 1, eff. May 23, 1…

3B:13A-8. Designation of conservator The court may appoint a person or a financial institution, qualified under the laws of this State to act as a fiduciary, as the conservator of the conservatee's estate. If the court appoints a conservator, it shall do so in the following order…

3B:13A-9. Acceptance of appointment Before letters of conservatorship are issued, the conservator shall accept the appointment in accordance with the Rules Governing the Courts of the State of New Jersey. L.1983, c. 192, s. 1, eff. May 23, 1983.