New Jersey Statutes 3B:12-64. When authority and responsibility of guardian terminate
Terms Used In New Jersey Statutes 3B:12-64
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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
- 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
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
- Probate: Proving a will
a. The authority and responsibility of a guardian of the person or estate of an incapacitated person terminate upon:
(1) the death, resignation or removal of the guardian;
(2) upon the death of the incapacitated person; or
(3) upon the entry of a judgment adjudicating the restoration of competency or termination of guardianship for other reasons.
b. However, termination does not affect the guardian’s liability for prior acts, nor the guardian’s obligation to account for funds and assets of the ward.
c. Notwithstanding the termination of the guardianship, the guardian may make final burial and funeral arrangements if the body remains unclaimed for five days and may pay for burial and funeral costs, Surrogate fees of administration, probate and bond from the guardianship account. Resignation of a guardian does not terminate the guardianship unless it has been approved by a judgment of the court.
d. Upon the death of an incapacitated person the guardian shall provide written notification to the Surrogate and shall provide the Surrogate with a copy of the death certificate within seven days of the guardian’s receipt of the death certificate.
Amended 2005, c.304, s.45.