New Jersey Statutes 3B:12-57. Powers and duties of a guardian of the person of a ward
Terms Used In New Jersey Statutes 3B:12-57
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Child: means any individual, including a natural or adopted child, entitled to take by intestate succession from the parent whose relationship is involved and excludes any individual who is only a stepchild, a resource family child, a grandchild or any more remote descendant. See New Jersey Statutes 3B:1-1
- Domestic partner: means a domestic partner as defined in section 3 of P. See New Jersey Statutes 3B:1-1
- Estate: means all of the property of a decedent, minor or incapacitated individual, trust or other person whose affairs are subject to this title as the property is originally constituted and as it exists from time to time during administration. See New Jersey Statutes 3B:1-1
- Fraud: Intentional deception resulting in injury to another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has qualified as a guardian of the person or estate of a minor or incapacitated individual pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem. See New Jersey Statutes 3B:1-1
- Heirs: means those persons, including, but not limited to, the surviving spouse, the domestic partner and the descendants of the decedent, who are entitled under the statutes of intestate succession to the property of a decedent. See New Jersey Statutes 3B:1-1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
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 amendment, P.L.2005, c.304.)
e. (Deleted by amendment, P.L.2005, c.304.)
f. In accordance with Section 12 of P.L.2005, c.304 (C. 3B:12-24.1), a guardian of the person of a ward shall exercise authority over matters relating to the rights and best interest of the ward’s personal needs, only to the extent adjudicated by a court of competent jurisdiction. In taking or forbearing from any action affecting the personal needs of a ward, a guardian shall give due regard to the preferences of the ward, if known to the guardian or otherwise ascertainable upon reasonable inquiry. To the extent that it is consistent with the terms of any order by a court of competent jurisdiction, the guardian shall:
(1) take custody of the ward and establish the ward’s place of abode in or outside of this State;
(2) personally visit the ward or if a public agency which is authorized to act pursuant to P.L.1965, c.59 (C. 30:4-165.1 et seq.) and P.L.1970, c.289 (C. 30:4-165.7 et seq.) or the Office of the Public Guardian pursuant to P.L. 1985, c.298 (C. 52:27G-20 et seq.) or their representatives which may include a private or public agency, visits the ward not less than once every three months, or as deemed appropriate by the court, and otherwise maintain sufficient contact with the ward to know his capacities, limitations, needs, opportunities and physical and mental health;
(3) provide for the care, comfort and maintenance and, whenever appropriate, the education and training of the ward;
(4) subject to the provisions of subsection c. of N.J.S.3B:12-56, give or withhold any consents or approvals that may be necessary to enable the ward to receive medical or other professional care, counsel, treatment or service;
(5) take reasonable care of the ward’s clothing, furniture, vehicles and other personal effects and, where appropriate, sell or dispose of such effects to meet the current needs of the ward;
(6) institute an action for the appointment of a guardian of the property of the ward, if necessary for the protection of the property;
(7) develop a plan of supportive services for the needs of the ward and a plan to obtain the supportive services;
(8) if necessary, institute an action against a person having a duty to support the ward or to pay any sum for the ward’s welfare in order to compel the performance of the duties;
(9) receive money, payable from any source for the current support of the ward, and tangible personal property deliverable to the ward. Any sums so received shall be applied to the ward’s current needs for support, health care, education and training in the exercise of the guardian’s reasonable discretion, with or without court order, with or without regard to the duty or ability of any person to support or provide for the ward and with or without regard to any other funds, income or property that may be available for that purpose, unless an application is made to the court to establish a supplemental needs trust or other trust arrangement. However, the guardian may not use funds from the ward’s estate for room and board, which the guardian, the guardian’s spouse or domestic partner as defined in section 3 of P.L.2003, c. 246 (C. 26:8A-3), parent or child have furnished the ward, unless agreed to by a guardian of the ward’s estate pursuant to N.J.S.3B:12-41, or unless a charge for the service is approved by order of the court made upon notice to at least one of the heirs of the ward, if possible. The guardian shall exercise care to conserve any excess funds for the ward’s needs; and
(10) If necessary, institute an action that could be maintained by the ward including but not limited to, actions alleging fraud, abuse, undue influence and exploitation.
g. In the exercise of the foregoing powers, the guardian shall encourage the ward to participate with the guardian in the decision-making process to the maximum extent of the ward’s ability in order to encourage the ward to act on his own behalf whenever he is able to do so, and to develop or regain higher capacity to make decisions in those areas in which he is in need of guardianship services, to the maximum extent possible.
Amended 2005, c.304, s.39.