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

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…

3B:12-54.1 Trusts for certain beneficiaries providing deferred distribution of funds. 2. In the event that any part of an intestate estate passes to the decedent's issue pursuant to N.J.S.3B:5-4, and if any such issue shall not have attained the age of 18 at the time such part of…

3B:12-55. When authority and responsibility of guardian terminate The authority and responsibility of a guardian of the person or estate of a minor terminate upon the death, resignation or removal of the guardian or upon the minor's death, adoption, marriage or attainment of 18 y…

3B:12-56 Powers, rights and duties of a guardian of the person of a ward generally. 3B:12-56. Powers, rights and duties of a guardian of the person of a ward generally. a. A guardian of the person of a ward is not legally obligated to provide for the ward from his own funds. b. A…

3B:12-57 Powers and duties of a guardian of the person of a ward. 3B:12-57. Powers and duties of a guardian of the person of a ward. a. (Deleted by amendment, P.L.2005, c.304.) b. (Deleted by amendment, P.L.2005, c.304.) c. (Deleted by amendment, P.L.2005, c.304.) d. (Deleted by …

3B:12-58 Gifts to charities and other objects. 3B:12-58. Gifts to charities and other objects. If the estate is ample to provide for the purposes implicit in the distributions authorized by this article, a guardian for the estate of an incapacitated person may apply to the court …

3B:12-59 Purchase of real property for use of an incapacitated person and his dependents. 3B:12-59. Purchase of real property for use of an incapacitated person and his dependents. When it shall appear to the court that it would be advantageous to the incapacitated person and to …

3B:12-6 Circumstances under which money may be paid or personal property delivered. 3B:12-6. Circumstances under which money may be paid or personal property delivered. Any person under a duty to pay or deliver money or personal property to a minor may perform this duty, in amoun…

3B:12-60 Guardian's duty with respect to will of deceased incapacitated person. 3B:12-60. Guardian's duty with respect to will of deceased incapacitated person. Upon the death of an incapacitated person, the guardian shall deliver to the Surrogate of the county where the incapaci…

3B:12-61 Power of guardian to act as personal representative of the estate of a deceased incapacitated person. 3B:12-61. Power of guardian to act as personal representative of the estate of a deceased incapacitated person. If within 40 days after the death of an incapacitated per…

3B:12-62. Factors to be considered by the court or guardian in exercising certain powers In investing the estate, and in selecting assets of the estate for distribution under this article, in utilizing powers of revocation or withdrawal available for the support of the ward, and …

3B:12-63 Guardian's final account and delivery of property upon termination of guardianship. 3B:12-63. Guardian's final account and delivery of property upon termination of guardianship. Upon termination of the guardianship, pursuant to N.J.S.3B:12-64 the guardian, after the allo…

3B:12-64 When authority and responsibility of guardian terminate. 3B:12-64. When authority and responsibility of guardian terminate. a. The authority and responsibility of a guardian of the person or estate of an incapacitated person terminate upon: (1) the death, resignation or …

3B:12-65. Vacancy in guardianship A vacancy in a guardianship shall be deemed to arise when a sole or sole surviving or remaining guardian dies, resigns or is removed or discharged after entering upon but before completing the duties of his office. The resignation of a guardian s…

3B:12-66 Filling vacancy in guardianship. 3B:12-66. Filling vacancy in guardianship. The Superior Court, or the Surrogate's court in the case of a minor, shall have jurisdiction to fill the vacancy by the appointment of a substituted guardian. The Superior Court may fill the vaca…

3B:12-66.1 Removal from New Jersey after appointment of guardian. 48. Removal from New Jersey after Appointment of Guardian. a. A guardian appointed in this State desiring to move to another state with his ward who is a minor shall obtain an order from the Superior Court of this …

3B:12-66.2 Transfer into New Jersey of guardianship established in another state. 49. Transfer into New Jersey of Guardianship Established in Another State. a. A guardian or like fiduciary of a minor appointed in another state may file a summary action in the Superior Court for t…

3B:12-67. Short title 1. This act shall be known and may be cited as the "New Jersey Standby Guardianship Act." L.1995,c.76,s.1.

3B:12-68 Findings, declarations. 2. The Legislature finds and declares that there is an imperative need to create an expeditious manner of establishing a guardianship known as a standby guardianship, in order to enable a parent, custodian, or guardian who cannot currently, or who…

3B:12-69 Definitions. 3. As used in P.L.1995, c.76 (C.3B:12-67 et seq.): "Activating event" means an event stated in the petition or decree that empowers the standby guardian to assume the duties of the office. Activating events include, but are not limited to: the appointment of…

3B:12-7. When payment of money or delivery of property prohibited The payment of money or delivery of personal property under N.J.S. 3B:12-6 shall not be made if the person making payment or delivery has actual knowledge that a guardian of the estate of the minor has been appoint…

3B:12-70. Jurisdiction 4. The surrogate's court of the county in which a minor child resides or has real or personal property shall have jurisdiction under this act pursuant to N.J.S.3B:12-12. L.1995,c.76,s.4.

3B:12-71. Applicability 5. The provisions of N.J.S.3B:12-1 et seq. shall apply to a standby guardian except as otherwise provided in this act. L.1995,c.76,s.5.

3B:12-72 Appointment of standby guardian by court. 6. a. Upon petition of a parent, custodian, guardian, or attorney-in-fact appointed pursuant to N.J.S.3B:12-39, the court may appoint a standby guardian of a minor child or minor ward. The court may also appoint an alternate stan…

3B:12-73 Immediate assumption of duties of appointed standby guardian; revocation in writing. 7. a. Upon the occurrence of an activating event set forth in a decree appointing a standby guardian, the standby guardian shall be immediately empowered to assume guardianship duties. b…

3B:12-8. Application of money and property; reimbursement for out-of-pocket expenses The persons, other than the minor or any financial institution under subsection e. of N.J.S. 3B:12-6, receiving money or property for a minor, are obligated to apply so much or all of the money o…

3B:12-9. Preservation of excess sums; payment and delivery to minor upon attaining 18 years of age Any excess sums shall be preserved for future support of the minor and any balance not so used and any property received for the minor must be turned over to the minor when he attai…

3B:12A-1 Findings, declarations relative to kinship legal guardianship. 1. The Legislature finds and declares that: a. There is an increase in the number of children who cannot reside with their parents due to the parents' incapacity or inability to perform the regular and expect…

3B:12A-2 Definitions relative to kinship legal guardianship. As used in sections 1 through 6 of P.L.2001, c.250 (C.3B:12A-1 et seq.): "Caregiver" means a person over 18 years of age, other than a child's parent, who has a kinship relationship with the child and has been providing…

3B:12A-3 Jurisdiction, venue. 3. The Superior Court, Chancery Division, Family Part shall have jurisdiction under sections 1 through 6 of P.L.2001, c.250 (C.3B:12A-1 et seq.). Venue of a kinship legal guardianship action shall be determined in accordance with the applicable Rules…

3B:12A-4 Rights, responsibilities, authority of kinship legal guardian. 4. a. (1) Except as provided in paragraph (2) of this subsection, a kinship legal guardian shall have the same rights, responsibilities and authority relating to the child as a birth parent, including, but no…

3B:12A-5 Appointment as kinship legal guardian; contents of petition. 5. a. Upon petition of a caregiver, the court may appoint the caregiver as kinship legal guardian of a child residing in the caregiver's home pursuant to the provisions of P.L. 2001, c. 250 (C. 3B:12A-1 et al.)…

3B:12A-6 Considerations for appointment as kinship legal guardian. 6. a. In making its determination about whether to appoint the caregiver as kinship legal guardian, the court shall consider: (1) if proper notice was provided to the child's parents; (2) the best interests of the…

3B:12A-7 Court rules. 12. The Supreme Court of New Jersey may adopt court rules to effectuate the purposes of this act. L.2001,c.250,s.12.

3B:12B-1 Short title. 1. This act shall be known and may be cited as the "New Jersey Adult Guardianship and Protective Proceedings Jurisdiction Act." L.2012, c.36, s.1.

3B:12B-10 Significant-connection state; determination. 10. Significant-connection state; determination. In determining whether a respondent has a significant connection with a particular state, the court shall consider: a. the location of the respondent's family and other persons…

3B:12B-11 Emergency jurisdiction. 11. Emergency jurisdiction. a. A court of this State lacking jurisdiction under section 9 of P.L.2012, c.36 (C.3B:12B-9) has emergency jurisdiction to do any of the following: (1) appoint a guardian or issue a protective order in an emergency, in…

3B:12B-12 Exclusive and continuing jurisdiction. 12. Exclusive and continuing jurisdiction. Except as otherwise provided in section 11 of P.L.2012, c.36 (C.3B:12B-11), a court that has appointed a guardian or issued a protective order consistent with P.L.2012, c.36 (C.3B:12B-1 et…

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…