Tuesday, June 30, 2015
Monday, June 22, 2015
NJSA 3B:13-19. Direction of court for expenditure required; investment
3B:13-19. Direction of court for expenditure required; investment The guardian shall not expend any portion of the personal property received from any source other than the United States Government, except as directed by the court to which he is accountable; but he may invest the personal property as provided by N.J.S. 3B:13-15.
NJSA 3B:13-18. Authorization for guardian of incompetent ward to receive additional personal property not exceeding $10,000.00
3B:13-18. Authorization for guardian of incompetent ward to receive additional personal property not exceeding $10,000.00
When an incompetent ward for whom a guardian has been appointed becomes entitled to personal property amounting to not more than $10,000.00 from any source other than the United States Government, the court may authorize him to receive the personal property for conservation and administrative care. On payment of any money or delivery of property to the guardian, a release executed by him to the person or persons paying the money or delivering the property shall be valid and effective.
When an incompetent ward for whom a guardian has been appointed becomes entitled to personal property amounting to not more than $10,000.00 from any source other than the United States Government, the court may authorize him to receive the personal property for conservation and administrative care. On payment of any money or delivery of property to the guardian, a release executed by him to the person or persons paying the money or delivering the property shall be valid and effective.
NJSA 3B:13-17. Compensation of guardian
3B:13-17. Compensation of guardian
Compensation payable to a guardian shall not exceed 5% of the income of the ward during any year.
For extraordinary services rendered by the guardian, the Superior Court may, after hearing upon the settlement of his account, authorize additional compensation payable from the estate of the ward, but no compensation shall be allowed on the corpus of an estate received from a preceding guardian.
The guardian may be allowed from the estate of his ward reasonable premiums paid by him to a corporate surety upon his bond.
Compensation payable to a guardian shall not exceed 5% of the income of the ward during any year.
For extraordinary services rendered by the guardian, the Superior Court may, after hearing upon the settlement of his account, authorize additional compensation payable from the estate of the ward, but no compensation shall be allowed on the corpus of an estate received from a preceding guardian.
The guardian may be allowed from the estate of his ward reasonable premiums paid by him to a corporate surety upon his bond.
NJSA 3B:13-16. Support of dependents
3B:13-16. Support of dependents When directed in writing by the proper Federal agency, the guardian shall apply that portion of the estate to the ward's spouse, child, father or mother as may be set forth in the direction. The direction shall be submitted to the Superior Court when an account is filed as proof of the guardian's authority for those payments.
Except as permitted by this section, a guardian shall not apply any of the estate of his ward to the support of any person other than his ward.
Except as permitted by this section, a guardian shall not apply any of the estate of his ward to the support of any person other than his ward.
NJSA 3B:13-15. Investments
3B:13-15. Investments
A guardian shall invest the funds of the estate in a manner and in securities, in which the guardian has no interest, as allowed by law or approved by the court.
A guardian shall invest the funds of the estate in a manner and in securities, in which the guardian has no interest, as allowed by law or approved by the court.
NJSA 3B:13-14. Removal of guardian for failure to account; costs
3B:13-14. Removal of guardian for failure to account; costs
If the Federal agency, the sureties on the guardian's bond, any person interested in the benefits in the hands of the guardian or any person as next friend of the ward serves notice upon the guardian that his account has not been filed in accordance with this article, and if the guardian fails to render his account within 30 days from the date of mailing of the notice or from the time of service or within the time as the court may otherwise provide, the court shall remove him. The notice may be mailed to the guardian's last known address.
The cost of the proceedings, as well as the cost incident to an order to show cause when it is necessary to obtain an accounting, shall be paid by the guardian out of his own estate, unless the court shall otherwise order.
If the Federal agency, the sureties on the guardian's bond, any person interested in the benefits in the hands of the guardian or any person as next friend of the ward serves notice upon the guardian that his account has not been filed in accordance with this article, and if the guardian fails to render his account within 30 days from the date of mailing of the notice or from the time of service or within the time as the court may otherwise provide, the court shall remove him. The notice may be mailed to the guardian's last known address.
The cost of the proceedings, as well as the cost incident to an order to show cause when it is necessary to obtain an accounting, shall be paid by the guardian out of his own estate, unless the court shall otherwise order.
NJSA 3B:13-13. Accounting without filing vouchers
3B:13-13. Accounting without filing vouchers The Superior Court may allow the account without proof or the submission of vouchers if the written approval of the attorney in this State for the Veterans' Administration shall be filed with the account. The approval shall set forth the facts upon which the approval is based.
NJSA 3B:13-12. Notice to Federal agency
3B:13-12. Notice to Federal agency
The clerk of the court shall, within 5 days of the date of filing of the account, mail a copy of the account to the office of the Veterans' Administration having jurisdiction over the area in which the county lies.
The clerk of the court shall, within 5 days of the date of filing of the account, mail a copy of the account to the office of the Veterans' Administration having jurisdiction over the area in which the county lies.
NSJA 3B:13-11. Times for accounting
3B:13-11. Times for accounting
The times for rendering accounts shall be as follows:
a. In the counties of Hudson, Somerset or Sussex, on or before January 5;
b. In the counties of Warren or Essex, on or before February 5;
c. In the counties of Bergen, Morris or Passaic, on or before March 5;
d. In the counties of Union, Hunterdon or Middlesex, on or before April 5;
e. In the counties of Mercer, Burlington, Monmouth or Gloucester, on or before May 5;
f. In the counties of Camden, Atlantic or Salem, on or before June 5;
g. In the counties of Cape May, Cumberland or Ocean, on or before July 5.
L.1981, c. 405, s. 3B:13-11, eff. May 1, 1982.
The times for rendering accounts shall be as follows:
a. In the counties of Hudson, Somerset or Sussex, on or before January 5;
b. In the counties of Warren or Essex, on or before February 5;
c. In the counties of Bergen, Morris or Passaic, on or before March 5;
d. In the counties of Union, Hunterdon or Middlesex, on or before April 5;
e. In the counties of Mercer, Burlington, Monmouth or Gloucester, on or before May 5;
f. In the counties of Camden, Atlantic or Salem, on or before June 5;
g. In the counties of Cape May, Cumberland or Ocean, on or before July 5.
L.1981, c. 405, s. 3B:13-11, eff. May 1, 1982.
NJSA 3B:13-10. Filing account with Federal agency
3B:13-10. Filing account with Federal agency
Each year when not required to render an account to the court, the guardian shall render an account to the regional office of the Veterans' Administration on forms to be supplied by the Federal agency.
Each year when not required to render an account to the court, the guardian shall render an account to the regional office of the Veterans' Administration on forms to be supplied by the Federal agency.
NJSA 3B:13-9. Filing account with the court
3B:13-9. Filing account with the court
Every guardian appointed by the surrogate of any county or by the Superior Court, who receives any moneys from a Federal agency for the benefit of his ward, shall, at intervals as the court may require, render to the Superior Court a true account of all moneys received by him, as guardian, by way of pension, bounty or other allowance from the United States. The account shall be submitted in duplicate.
Every guardian appointed by the surrogate of any county or by the Superior Court, who receives any moneys from a Federal agency for the benefit of his ward, shall, at intervals as the court may require, render to the Superior Court a true account of all moneys received by him, as guardian, by way of pension, bounty or other allowance from the United States. The account shall be submitted in duplicate.
NJSA 3B:13-8. Guardian to have no more than five wards; exceptions
3B:13-8. Guardian to have no more than five wards; exceptions
Except as provided in this section, no person shall accept appointment as guardian of a ward if he be acting as guardian for five wards.
In an action brought by an attorney of a Federal agency, establishing that a guardian is acting in a fiduciary capacity for more than five wards, the Superior Court shall require a final accounting forthwith from the guardian and shall discharge him.
The limitation of this section shall not apply where the guardian is a bank or trust company or a public guardian of incompetent veterans, and an individual may be guardian of more than five wards if they are all members of the same family.
Except as provided in this section, no person shall accept appointment as guardian of a ward if he be acting as guardian for five wards.
In an action brought by an attorney of a Federal agency, establishing that a guardian is acting in a fiduciary capacity for more than five wards, the Superior Court shall require a final accounting forthwith from the guardian and shall discharge him.
The limitation of this section shall not apply where the guardian is a bank or trust company or a public guardian of incompetent veterans, and an individual may be guardian of more than five wards if they are all members of the same family.
NJSA 3B:13-7. Guardians; when and how appointed
3B:13-7. Guardians; when and how appointed
When, pursuant to any law of the United States or regulation of a Federal agency, the chief officer of the agency requires, prior to payment of benefits, that a guardian be appointed for a ward, the appointment shall be made in the Superior Court in the case of a mental incompetent, and in the surrogate's court or in the Superior Court in the case of a minor.
When, pursuant to any law of the United States or regulation of a Federal agency, the chief officer of the agency requires, prior to payment of benefits, that a guardian be appointed for a ward, the appointment shall be made in the Superior Court in the case of a mental incompetent, and in the surrogate's court or in the Superior Court in the case of a minor.
NJSA 3B:13-6. Determination of incompetency by Superior Court
3B:13-6. Determination of incompetency by Superior Court
For the purpose of appointing a guardian pursuant to this chapter, the mental incompetency of a beneficiary of a Federal agency shall be determined by the Superior Court.
For the purpose of appointing a guardian pursuant to this chapter, the mental incompetency of a beneficiary of a Federal agency shall be determined by the Superior Court.
NSJA 3B:13-5. No charges to be made for copies of certain records
3B:13-5. No charges to be made for
copies of certain records
When a copy of a public record is required by a Federal agency for use in
determining the eligibility of a person to participate in benefits made
available by the agency, the official charged with the custody of the public
record shall furnish a certified copy of the record without charge.
NJSA 3B:13-4. Fees and costs
3B:13-4. Fees and costs
Except as otherwise provided in this chapter, no costs or fees shall be charged or taxed by the surrogates of the respective counties or by the Superior Court for accounts rendered or other proceedings had under this chapter.
Except as otherwise provided in this chapter, no costs or fees shall be charged or taxed by the surrogates of the respective counties or by the Superior Court for accounts rendered or other proceedings had under this chapter.
NJSA 3B:13-3. General rules of construction
3B:13-3. General rules of construction
This chapter shall be liberally construed to secure the beneficial intent and purpose thereof and shall apply only to beneficiaries enumerated in N.J.S. 3B:13-2. This chapter shall also be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact the "Uniform Veterans' Guardianship Act."
This chapter shall be liberally construed to secure the beneficial intent and purpose thereof and shall apply only to beneficiaries enumerated in N.J.S. 3B:13-2. This chapter shall also be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact the "Uniform Veterans' Guardianship Act."
NJSA 3B:13-2. Definitions
3B:13-2. Definitions
As used in this chapter:
a. "Federal agency" means any bureau, office, board or officer of the United States by whatever name known, now or hereafter charged by Congress:
(1) With payment of pensions, bounties and allowances to veterans of the military service of the United States, their widows, children, mothers and fathers, or
(2) With the administration of the affairs of any of the aforesaid persons who may be minors or mentally incompetent or to manage pensions, bounties and allowances payable to them;
b. "Military" has reference to the army, navy, marine, air and coast guard services;
c. "Estate" and "income" include only moneys received by the guardian from a Federal agency and earnings, interest and profits derived therefrom;
d. "Benefits" means moneys payable by the United States to the aforesaid persons or their guardians through a Federal agency;
e. "Chief officer" means an officer of a Federal agency, charged by the laws of the United States with the particular duty in connection with which the term is used;
f. "Ward" means a beneficiary of a Federal agency;
g. "Guardian" means a person acting as fiduciary for a ward.
As used in this chapter:
a. "Federal agency" means any bureau, office, board or officer of the United States by whatever name known, now or hereafter charged by Congress:
(1) With payment of pensions, bounties and allowances to veterans of the military service of the United States, their widows, children, mothers and fathers, or
(2) With the administration of the affairs of any of the aforesaid persons who may be minors or mentally incompetent or to manage pensions, bounties and allowances payable to them;
b. "Military" has reference to the army, navy, marine, air and coast guard services;
c. "Estate" and "income" include only moneys received by the guardian from a Federal agency and earnings, interest and profits derived therefrom;
d. "Benefits" means moneys payable by the United States to the aforesaid persons or their guardians through a Federal agency;
e. "Chief officer" means an officer of a Federal agency, charged by the laws of the United States with the particular duty in connection with which the term is used;
f. "Ward" means a beneficiary of a Federal agency;
g. "Guardian" means a person acting as fiduciary for a ward.
NJSA 3B:13-1. Short title
3B:13-1. Short title
This chapter shall be known and may be cited as the "Uniform Veterans' Guardianship Law."
This chapter shall be known and may be cited as the "Uniform Veterans' Guardianship Law."
NJSA 3B:12B-22 Transitional provision.
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 through 8 of P.L.2012, c.36 (C.3B:12B-6 through C.3B:12B-8); sections 17 through 21 of P.L.2012, c.36 (C.3B:12B-17 through C.3B:12B-21); apply to proceedings begun before the effective date of P.L.2012, c.36 (C.3B:12B-1 et al.), regardless of whether a guardianship or protective order has been issued.
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 through 8 of P.L.2012, c.36 (C.3B:12B-6 through C.3B:12B-8); sections 17 through 21 of P.L.2012, c.36 (C.3B:12B-17 through C.3B:12B-21); apply to proceedings begun before the effective date of P.L.2012, c.36 (C.3B:12B-1 et al.), regardless of whether a guardianship or protective order has been issued.
NSJA 3B:12B-21 Uniformity of application and construction.
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 it.
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 it.
NJSA 3B:12B-20 Effect of registration.
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 laws of this State, including maintaining actions and proceedings in this State and, if the guardian or conservator is not a resident of this State, subject to any conditions imposed upon nonresident parties.
b.A court of this State may grant any relief available under P.L.2012, c.36 (C.3B:12B-1 et al.) and other law of this State to enforce a registered order.
c.A court of this State shall recognize and enforce, but may not modify, except in accordance with P.L.2012, c.36 (C.3B:12B-1 et al.), a registered order.
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 laws of this State, including maintaining actions and proceedings in this State and, if the guardian or conservator is not a resident of this State, subject to any conditions imposed upon nonresident parties.
b.A court of this State may grant any relief available under P.L.2012, c.36 (C.3B:12B-1 et al.) and other law of this State to enforce a registered order.
c.A court of this State shall recognize and enforce, but may not modify, except in accordance with P.L.2012, c.36 (C.3B:12B-1 et al.), a registered order.
NJSA 3B:12B-19 Registration of guardianship or conservatorship orders.
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 this State, or if a conservator has been appointed in another state and an application for the appointment of a conservator is not pending in this State, the guardian or conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship or conservatorship order in this State with the Surrogate, as Deputy Clerk of the Superior Court, Chancery Division, Probate Part, in an appropriate county of this State, pursuant to the Rules of Court of the State of New Jersey, by filing certified copies of the order and letters of office, and of any bond, as appropriate. For purposes of a guardian of the person, an appropriate county is any county where the guardian seeks to maintain an action or proceeding on behalf of the incapacitated person; for purposes of a guardian of the property or of a conservatorship, an appropriate county is the county where the property belonging to the incapacitated person or conservatee is located.
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 this State, or if a conservator has been appointed in another state and an application for the appointment of a conservator is not pending in this State, the guardian or conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship or conservatorship order in this State with the Surrogate, as Deputy Clerk of the Superior Court, Chancery Division, Probate Part, in an appropriate county of this State, pursuant to the Rules of Court of the State of New Jersey, by filing certified copies of the order and letters of office, and of any bond, as appropriate. For purposes of a guardian of the person, an appropriate county is any county where the guardian seeks to maintain an action or proceeding on behalf of the incapacitated person; for purposes of a guardian of the property or of a conservatorship, an appropriate county is the county where the property belonging to the incapacitated person or conservatee is located.
NJSA 3B:12B-18 Accepting guardianship or conservatorship transferred from another state.
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.L.2012, c.36 (C.3B:12B-17), the guardian or conservator in the other state shall file a petition in the court of this State to accept the guardianship of the person or the person's estate, or both, or the conservatorship. The petition shall include a certified copy of the other state's provisional order of transfer.
b.Notice of a petition under this section shall be given, in the same manner as notice is required to be given in this State, to those persons that would be entitled to notice if the petition were for the appointment of a guardian or issuance of a protective order in both the transferring state and this State.
c.On the court's own motion or upon request of the guardian or of the conservator or conservatee, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to this section.
d.The court shall issue an order provisionally granting relief under this section unless:
(1)an objection is made and the court determines that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person or conservatee; or
(2)the guardian or conservator is ineligible for appointment in this State.
e.The final order accepting the proceeding and appointing the guardian or conservator from the other state as guardian of the person or estate, or both, or conservator in this State shall be issued upon the receipt by this State's court of a final order issued under provisions similar to section 17 of P.L.2012, c.36 (C.3B:12B-17) transferring the proceeding to this State.
f.Upon application of a party or upon the court's own motion, the court shall determine whether the guardianship of the person or estate, or both, or the conservatorship needs to be modified to conform to the law of this State.
g.In granting an application under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated person's incapacity and the appointment of the guardian of the person or estate, or both, or of the conservator.
h.The denial by a court of this State of an application to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian of the person or estate, or both, in this State under N.J.S.3B:12-25 or as conservator under N.J.S.3B:13A-1 et seq., if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
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.L.2012, c.36 (C.3B:12B-17), the guardian or conservator in the other state shall file a petition in the court of this State to accept the guardianship of the person or the person's estate, or both, or the conservatorship. The petition shall include a certified copy of the other state's provisional order of transfer.
b.Notice of a petition under this section shall be given, in the same manner as notice is required to be given in this State, to those persons that would be entitled to notice if the petition were for the appointment of a guardian or issuance of a protective order in both the transferring state and this State.
c.On the court's own motion or upon request of the guardian or of the conservator or conservatee, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to this section.
d.The court shall issue an order provisionally granting relief under this section unless:
(1)an objection is made and the court determines that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person or conservatee; or
(2)the guardian or conservator is ineligible for appointment in this State.
e.The final order accepting the proceeding and appointing the guardian or conservator from the other state as guardian of the person or estate, or both, or conservator in this State shall be issued upon the receipt by this State's court of a final order issued under provisions similar to section 17 of P.L.2012, c.36 (C.3B:12B-17) transferring the proceeding to this State.
f.Upon application of a party or upon the court's own motion, the court shall determine whether the guardianship of the person or estate, or both, or the conservatorship needs to be modified to conform to the law of this State.
g.In granting an application under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated person's incapacity and the appointment of the guardian of the person or estate, or both, or of the conservator.
h.The denial by a court of this State of an application to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian of the person or estate, or both, in this State under N.J.S.3B:12-25 or as conservator under N.J.S.3B:13A-1 et seq., if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
NJSA 3B:12B-17 Transfer of guardianship or conservatorship to another state.
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 to another state.
b.Notice of a petition for transfer shall be given to the persons that would be entitled to notice of a petition in this State for the appointment of a guardian or conservator.
c.On the court's own motion or upon request of the guardian or conservator or conservatee, or other person required to be notified of the petition, the court shall hold a hearing on a petition to transfer.
d.The court shall issue an order provisionally granting a petition to transfer a guardianship and direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court of the other state and the court finds that:
(1)in the case of a guardianship of the person, the incapacitated person is physically present in or is reasonably expected to move permanently to the other state, or in the case of a guardianship of estate, the incapacitated person is physically present in or is reasonably expected to move permanently to, or has a significant connection to, the other state; and
(2)an objection to the transfer has not been made or, that the transfer would not be contrary to the interests of the incapacitated person; and
(3)in the case of a guardianship of the person, plans for care and services for the incapacitated person in the other state are reasonable and sufficient, or in the case of a guardianship of the estate, adequate arrangements are made for management of the incapacitated person's property.
e.The court shall issue a provisional order granting a transfer of a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(1)the protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in section 10 of P.L.2012, c.36 (C.3B:12B-10);
(2)an objection to the transfer has not been made or, that the transfer would not be contrary to the interests of the incapacitated person; and
(3)adequate arrangements will be made for management of the protected person's property.
f.The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon receipt of:
(1)a provisional order accepting the guardianship or conservatorship from the court to which the guardianship or conservatorship is to be transferred under provisions similar to section 18 of P.L.2012, c.36 (C.3B:12B-18); and
(2)the documents required to terminate a guardianship or conservatorship in this 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 to another state.
b.Notice of a petition for transfer shall be given to the persons that would be entitled to notice of a petition in this State for the appointment of a guardian or conservator.
c.On the court's own motion or upon request of the guardian or conservator or conservatee, or other person required to be notified of the petition, the court shall hold a hearing on a petition to transfer.
d.The court shall issue an order provisionally granting a petition to transfer a guardianship and direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court of the other state and the court finds that:
(1)in the case of a guardianship of the person, the incapacitated person is physically present in or is reasonably expected to move permanently to the other state, or in the case of a guardianship of estate, the incapacitated person is physically present in or is reasonably expected to move permanently to, or has a significant connection to, the other state; and
(2)an objection to the transfer has not been made or, that the transfer would not be contrary to the interests of the incapacitated person; and
(3)in the case of a guardianship of the person, plans for care and services for the incapacitated person in the other state are reasonable and sufficient, or in the case of a guardianship of the estate, adequate arrangements are made for management of the incapacitated person's property.
e.The court shall issue a provisional order granting a transfer of a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(1)the protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in section 10 of P.L.2012, c.36 (C.3B:12B-10);
(2)an objection to the transfer has not been made or, that the transfer would not be contrary to the interests of the incapacitated person; and
(3)adequate arrangements will be made for management of the protected person's property.
f.The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon receipt of:
(1)a provisional order accepting the guardianship or conservatorship from the court to which the guardianship or conservatorship is to be transferred under provisions similar to section 18 of P.L.2012, c.36 (C.3B:12B-18); and
(2)the documents required to terminate a guardianship or conservatorship in this State.
NJSA 3B:12B-16 Proceedings in more than one state.
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 appointment of a guardian of estate or issuance of a protective order limited to property located in this State under paragraph (2) or (3) of subsection a. of section 11 of P.L.2012, c.36 (C.3B:12B-11), if a petition for the appointment of a guardian or issuance of a protective order is filed in this State and in another state and neither petition has been dismissed or withdrawn, the following shall apply:
a.A court of this State with jurisdiction under section 9 of P.L.2012, c.36 (C.3B:12B-9) may proceed unless a court of another state acquires jurisdiction under similar provisions before the appointment or issuance of the order.
b.A court of this State without jurisdiction under section 9 of P.L.2012, c.36 (C.3B:12B-9), whether at the time the petition is filed or at any time before the appointment or issuance of a judgment or order, shall stay the proceeding and communicate with the court of another state. If the court in the other state has jurisdiction, the court of this State shall dismiss the petition unless the court in the other state determines that the court of this State is a more appropriate forum.
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 appointment of a guardian of estate or issuance of a protective order limited to property located in this State under paragraph (2) or (3) of subsection a. of section 11 of P.L.2012, c.36 (C.3B:12B-11), if a petition for the appointment of a guardian or issuance of a protective order is filed in this State and in another state and neither petition has been dismissed or withdrawn, the following shall apply:
a.A court of this State with jurisdiction under section 9 of P.L.2012, c.36 (C.3B:12B-9) may proceed unless a court of another state acquires jurisdiction under similar provisions before the appointment or issuance of the order.
b.A court of this State without jurisdiction under section 9 of P.L.2012, c.36 (C.3B:12B-9), whether at the time the petition is filed or at any time before the appointment or issuance of a judgment or order, shall stay the proceeding and communicate with the court of another state. If the court in the other state has jurisdiction, the court of this State shall dismiss the petition unless the court in the other state determines that the court of this State is a more appropriate forum.
NJSA 3B:12B-15 Notice of proceeding.
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 shall be given, in the same manner as notice is required to be given in this State, to the respondent and to the persons who would be entitled to notice if the regular procedures for appointment of a guardian or a conservator under the Rules Governing the Courts of the State of New Jersey were applicable.
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 shall be given, in the same manner as notice is required to be given in this State, to the respondent and to the persons who would be entitled to notice if the regular procedures for appointment of a guardian or a conservator under the Rules Governing the Courts of the State of New Jersey were applicable.
NJSA 3B:12B-14 Jurisdiction declined by reason of conduct.
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 unjustifiable conduct, the court may:
(1)decline to exercise jurisdiction;
(2)exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3)continue to exercise jurisdiction after considering:
(a)the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(b)whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection c. of section 13 of P.L.2012, c.36 (C.3B:12B-13); and
(c)whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 9 of P.L.2012, c.36 (C.3B:12B-9).
b.If a court of this State determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorneys' fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this State or a governmental subdivision, agency, or instrumentality of this State unless authorized by law other than P.L.2012, c.36 (C.3B:12B-1 et al.).
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 unjustifiable conduct, the court may:
(1)decline to exercise jurisdiction;
(2)exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3)continue to exercise jurisdiction after considering:
(a)the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(b)whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection c. of section 13 of P.L.2012, c.36 (C.3B:12B-13); and
(c)whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 9 of P.L.2012, c.36 (C.3B:12B-9).
b.If a court of this State determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorneys' fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this State or a governmental subdivision, agency, or instrumentality of this State unless authorized by law other than P.L.2012, c.36 (C.3B:12B-1 et al.).
NJSA 3B:12B-13 Appropriate forum.
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 determines at any time that a court of another state is a more appropriate forum.
b.If a court of this State declines to exercise jurisdiction under subsection a. of this section, it shall either dismiss or stay the proceeding. The court may impose any condition it deems just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
c.In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1)any expressed preference of the respondent;
(2)whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(3)the length of time the respondent was physically present in or was a legal resident of this or another state;
(4)the distance of the respondent from the court of each state;
(5)the financial circumstances of the respondent's estate;
(6)the nature and location of the evidence;
(7)the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8)the familiarity of the court of each state with the facts and issues in the proceeding; and
(9)if an appointment were to be made, the court's ability to monitor the conduct of the guardian or the conservator.
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 determines at any time that a court of another state is a more appropriate forum.
b.If a court of this State declines to exercise jurisdiction under subsection a. of this section, it shall either dismiss or stay the proceeding. The court may impose any condition it deems just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
c.In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1)any expressed preference of the respondent;
(2)whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(3)the length of time the respondent was physically present in or was a legal resident of this or another state;
(4)the distance of the respondent from the court of each state;
(5)the financial circumstances of the respondent's estate;
(6)the nature and location of the evidence;
(7)the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8)the familiarity of the court of each state with the facts and issues in the proceeding; and
(9)if an appointment were to be made, the court's ability to monitor the conduct of the guardian or the conservator.
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