Kenneth Vercammen, Esq is Chair of the ABA Elder Law Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law. He is author of the ABA's book "Wills and Estate Administration. Kenneth Vercammen & Associates,
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500 More information at www.njlaws.com/

Friday, June 19, 2015

NJSA 3B:12-52. Powers and duties of a guardian of the person of a minor

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 reasonable care of his ward's personal effects and institute an action for the appointment of a guardian of his ward's estate if necessary to protect it;

    b.  He may receive periodically money payable for the support of the ward to  the ward's parent, guardian or custodian under the terms of any statutory benefit or insurance system, or any private contract, devise, trust, conservatorship or custodianship.  Any sums so received shall be applied to the  ward's current needs for support, care and education in the exercise of a reasonable discretion, with or without court order, with due 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 which may be available for that  purpose.  He must exercise due care to conserve any excess funds for the ward's  future needs unless a guardian has been appointed for the estate of the ward,  in which case the excess shall be paid over at least annually to that guardian.   He may institute an action to compel the performance by any person of a duty  to support the ward or to pay sums for the welfare of the ward;

    c.  He is empowered to facilitate the ward's education, social, or other activities and to authorize medical or other professional care, treatment, or advice.  He is not liable by reason of this consent for injury to the ward resulting from the negligence or acts of third persons unless it would have been illegal for a parent to have consented.  He may consent to the marriage or  adoption of his ward or to his ward's military service.