3B:13-1 . Short title
This chapter shall be known and may be cited as the "Uniform Veterans' Guardianship Law."
3B:13-2 Definitions.
3B:13-2. 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, widowers, children, mothers, and fathers; or
(2)With the administration of the affairs of any of the aforesaid persons who may be minors or persons who are incapacitated or with the management of 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.
amended 2013, c.103, s.25. 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."
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.
L.1981, c. 405, s. 3B:13-4, eff. May 1, 1982. 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.
L.1981, c. 405, s. 3B:13-5, eff. May 1, 1982. 3B:13-6 Determination of incapacity by Superior Court.
3B:13-6. For the purpose of appointing a guardian pursuant to this chapter, the incapacity of a beneficiary of a Federal agency shall be determined by the Superior Court.
3B:13-7 Guardians; when and how appointed.
3B:13-7. 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 for a person who is incapacitated shall be made in the Superior Court, and the appointment for a minor shall be made in the Superior Court or in the surrogate's court.
amended 2013, c.103, s.27. 3B:13-8 Guardian to have no more than five wards; exceptions.
3B:13-8. Except as provided in this section, no person shall accept appointment as guardian of a ward if 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 the guardian.
The limitation of this section shall not apply where the guardian is a bank or trust company or a public guardian of veterans who are incapacitated, and an individual may be guardian of more than five wards if they are all members of the same family.
amended 2013, c.103, s.28. 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.
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.
L.1981, c. 405, s. 3B:13-10, eff. May 1, 1982. 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. 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.
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.
L.1981, c. 405, s. 3B:13-13, eff. May 1, 1982. 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.
L.1981, c. 405, s. 3B:13-14, eff. May 1, 1982. 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.
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.
L.1981, c. 405, s. 3B:13-16, eff. May 1, 1982. 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.
L.1981, c. 405, s. 3B:13-17, eff. May 1, 1982. 3B:13-18 Authorization for guardian of incapacitated ward to receive additional personal property not exceeding $10,000.
3B:13-18. When a ward for whom a guardian has been appointed is incapacitated and 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 the guardian 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 the guardian to the person or persons paying the money or delivering the property shall be valid and effective.
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.
L.1981, c. 405, s. 3B:13-19, eff. May 1, 1982. 3B:13-20. Fees The fees allowed by law shall be applicable to proceedings with respect to personal property received from sources other than the United States Government, and may be taxed by the clerk of the court.
L.1981, c. 405, s. 3B:13-20, eff. May 1, 1982. 3B:13-21 "Public guardian of veterans who are incapacitated."
3B:13-21. There may be appointed in each county a person to be known as "public guardian of veterans who are incapacitated for the county of (naming county)", who shall be appointed by the Assignment Judge of the Superior Court in the county. The person appointed shall hold office for the term of five years from the date of appointment and until a successor is appointed and qualified.
3B:13-22 Guardian's bond.
3B:13-22. Before entering upon the duties of office, a public guardian of veterans who are incapacitated shall execute a bond to the Superior Court in an amount and with sureties as shall be approved by the Superior Court, conditioned for the faithful discharge of all duties imposed by law upon the person appointed public guardian.
The bond shall be renewed annually and shall, from time to time, be increased or reduced as the court may direct.
The expense of procuring the bond shall be paid by the county treasurer upon presentation of a proper voucher approved by the Assignment Judge of the Superior Court in the county.
amended 2013, c.103, s.31. 3B:13-23 Salary of public guardian.
3B:13-23. A public guardian of veterans who are incapacitated shall receive an annual salary to be fixed by the Assignment Judge of the Superior Court of the county for which the guardian is appointed, with the approval of the board of freeholders or governing body of the county.
The salary shall be paid by the county treasurer in semimonthly payments and shall be in lieu of all other charges, compensation, and commissions. A guardian shall not accept any other money whatsoever by way of fee, compensation, gratuity, or present for any services provided by the guardian.
amended 2013, c.103, s.32. 3B:13-24 Duties of public guardian as adviser of other guardians.
3B:13-24. The public guardian of veterans who are incapacitated shall, in each county, assist, supervise, advise, and otherwise aid the duly appointed guardians of these veterans and give help as may be necessary in preparing and drawing papers and documents, and also help them to work in conjunction with the United States Department of Veterans Affairs, so that their wards may be fully protected.
3B:13-25 Discharge and removal of public guardian.
3B:13-25. The public guardian of veterans who are incapacitated shall be subject to discharge or removal, by the court, on the grounds and in the manner in which other guardians of persons who are incapacitated are discharged or removed.
amended 2013, c.103, s.34. 3B:13-26 Public guardian may be appointed general guardian for veteran.
3B:13-26. Where an action is brought in the Superior Court for the appointment of a guardian for a person who, while in the military, naval, marine, air, or coast guard service of the United States, or after discharge therefrom, is determined to be incapacitated, whether or not committed or confined to an institution for the care of persons who are incapacitated, and the heirs of the person are unwilling, unable, or unqualified for the appointment, or if the best interests of the person require it, the Superior Court may appoint the public guardian of the county in which the person resides as guardian of the person.
amended 2013, c.103, s.35. 3B:13-27 Powers of public guardian as guardian of veterans' estates.
3B:13-27. The public guardian of veterans who are incapacitated shall have, in respect of any veteran and the estate of any veteran for whom the public guardian is appointed, the same power and authority as any other duly appointed guardian of a person who is incapacitated.
amended 2013, c.103, s.36.
3B:13-28 Settlement of accounts.
3B:13-28. The public guardian shall settle accounts in each estate in which the guardian is appointed at the times and in the same manner as other guardians of persons who are incapacitated.
amended 2013, c.103, s.37. 3B:13-29 Termination of guardianship; settlement of account.
3B:13-29. Upon the termination of a guardianship, by death of the ward or otherwise, the public guardian shall settle the account in the same manner as other guardians of persons who are incapacitated.
amended 2013, c.103, s.38. 3B:13-30. Settlement of accounts upon expiration of public guardian's term The public guardian shall proceed to settle the accounts of all estates of which he is duly appointed guardian upon the expiration of his term of office.
3B:13-31 Counsel to represent public guardian; compensation.
3B:13-31. The public guardian of veterans who are incapacitated may, when authorized by the Superior Court, employ counsel to represent the public guardian.
The compensation of counsel shall be fixed by the court and paid from moneys in the guardian's control belonging to the estate involved in litigation.
amended 2013, c.103, s.39. 3B:13A-1 Definitions.
a."Conservatee" means a person who has not been adjudicated incapacitated but who by reason of advanced age, illness, or physical infirmity, is unable to care for or manage property or has become unable to provide self-support or support for others who depend upon that support.
b."Conservator" means a person appointed by the court to manage the estate of a conservatee.
amended 2013, c.103, s.40. 3B:13A-2. Civil action to appoint conservator The Superior Court may, in a civil action brought by the conservatee or some other person in his behalf, appoint a conservator to manage the estate of a conservatee, except that if the conservatee objects to the imposition of a conservatorship, a conservator shall not be appointed.
3B:13A-3. Appointment of counsel to represent conservatee The court shall have the right to appoint counsel for the proposed conservatee if it believes that counsel is necessary to adequately protect the interests of the conservatee.
L.1983, c. 192, s. 1, eff. May 23, 1983. 3B:13A-4. Conservatee to be present at hearing; court ordered investigation if conservatee unable to attend The conservatee shall be present at the hearing unless he is unable to attend by reason of physical or other inability, and that inability is established to the satisfaction of the court. If the conservatee is found to be unable to attend, the court shall, subject to rules of court, order an investigation to be conducted to assure the conservatee does not object to the conservatorship unless the court believes, in its discretion, that the interests of the conservatee are adequately protected by counsel representing the conservatee.
L.1983, c. 192, s. 1, eff. May 23, 1983. 3B:13A-5. By whom action for appointment of conservator in behalf of conservatee may be brought 3B:13A-5. By whom action for appointment of conservator in behalf of conservatee may be brought. An action for the appointment of a conservator may be brought by the conservatee as provided in section 3B:13A-2 or in the conservatee's behalf by:
a. His spouse;
b. His adult children or, where there are none, the person or persons closest in degree of kinship to the conservatee;
c. Any person having concern for the financial or personal well-being of the conservatee;
d. A public agency or a social services official of the State or of the county in which the conservatee resides regardless of whether or not the conservatee is a recipient of public assistance; or
e. The chief administrator of a State licensed hospital, school or institution in which the conservatee is a patient or from which he receives services.
f. The chief administrator of a non-profit charitable institution in which the conservatee is a patient or from which he receives services.
This chapter shall be known and may be cited as the "Uniform Veterans' Guardianship Law."
3B:13-2 Definitions.
3B:13-2. 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, widowers, children, mothers, and fathers; or(2)With the administration of the affairs of any of the aforesaid persons who may be minors or persons who are incapacitated or with the management of 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.amended 2013, c.103, s.25. 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."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.
L.1981, c. 405, s. 3B:13-4, eff. May 1, 1982. 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.
L.1981, c. 405, s. 3B:13-5, eff. May 1, 1982. 3B:13-6 Determination of incapacity by Superior Court.
3B:13-6. For the purpose of appointing a guardian pursuant to this chapter, the incapacity of a beneficiary of a Federal agency shall be determined by the Superior Court.3B:13-7 Guardians; when and how appointed.
3B:13-7. 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 for a person who is incapacitated shall be made in the Superior Court, and the appointment for a minor shall be made in the Superior Court or in the surrogate's court.amended 2013, c.103, s.27. 3B:13-8 Guardian to have no more than five wards; exceptions.3B:13-8. Except as provided in this section, no person shall accept appointment as guardian of a ward if 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 the guardian.The limitation of this section shall not apply where the guardian is a bank or trust company or a public guardian of veterans who are incapacitated, and an individual may be guardian of more than five wards if they are all members of the same family.amended 2013, c.103, s.28. 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.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.
L.1981, c. 405, s. 3B:13-10, eff. May 1, 1982. 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. 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.
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.
L.1981, c. 405, s. 3B:13-13, eff. May 1, 1982. 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.
L.1981, c. 405, s. 3B:13-14, eff. May 1, 1982. 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.
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.
L.1981, c. 405, s. 3B:13-16, eff. May 1, 1982. 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.
L.1981, c. 405, s. 3B:13-17, eff. May 1, 1982. 3B:13-18 Authorization for guardian of incapacitated ward to receive additional personal property not exceeding $10,000.
3B:13-18. When a ward for whom a guardian has been appointed is incapacitated and 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 the guardian 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 the guardian to the person or persons paying the money or delivering the property shall be valid and effective.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.
L.1981, c. 405, s. 3B:13-19, eff. May 1, 1982. 3B:13-20. Fees The fees allowed by law shall be applicable to proceedings with respect to personal property received from sources other than the United States Government, and may be taxed by the clerk of the court.
L.1981, c. 405, s. 3B:13-20, eff. May 1, 1982. 3B:13-21 "Public guardian of veterans who are incapacitated."
3B:13-21. There may be appointed in each county a person to be known as "public guardian of veterans who are incapacitated for the county of (naming county)", who shall be appointed by the Assignment Judge of the Superior Court in the county. The person appointed shall hold office for the term of five years from the date of appointment and until a successor is appointed and qualified.3B:13-22 Guardian's bond.
3B:13-22. Before entering upon the duties of office, a public guardian of veterans who are incapacitated shall execute a bond to the Superior Court in an amount and with sureties as shall be approved by the Superior Court, conditioned for the faithful discharge of all duties imposed by law upon the person appointed public guardian.The bond shall be renewed annually and shall, from time to time, be increased or reduced as the court may direct.The expense of procuring the bond shall be paid by the county treasurer upon presentation of a proper voucher approved by the Assignment Judge of the Superior Court in the county.amended 2013, c.103, s.31. 3B:13-23 Salary of public guardian.3B:13-23. A public guardian of veterans who are incapacitated shall receive an annual salary to be fixed by the Assignment Judge of the Superior Court of the county for which the guardian is appointed, with the approval of the board of freeholders or governing body of the county.The salary shall be paid by the county treasurer in semimonthly payments and shall be in lieu of all other charges, compensation, and commissions. A guardian shall not accept any other money whatsoever by way of fee, compensation, gratuity, or present for any services provided by the guardian.amended 2013, c.103, s.32. 3B:13-24 Duties of public guardian as adviser of other guardians. 3B:13-24. The public guardian of veterans who are incapacitated shall, in each county, assist, supervise, advise, and otherwise aid the duly appointed guardians of these veterans and give help as may be necessary in preparing and drawing papers and documents, and also help them to work in conjunction with the United States Department of Veterans Affairs, so that their wards may be fully protected.3B:13-25 Discharge and removal of public guardian.
3B:13-25. The public guardian of veterans who are incapacitated shall be subject to discharge or removal, by the court, on the grounds and in the manner in which other guardians of persons who are incapacitated are discharged or removed.amended 2013, c.103, s.34. 3B:13-26 Public guardian may be appointed general guardian for veteran. 3B:13-26. Where an action is brought in the Superior Court for the appointment of a guardian for a person who, while in the military, naval, marine, air, or coast guard service of the United States, or after discharge therefrom, is determined to be incapacitated, whether or not committed or confined to an institution for the care of persons who are incapacitated, and the heirs of the person are unwilling, unable, or unqualified for the appointment, or if the best interests of the person require it, the Superior Court may appoint the public guardian of the county in which the person resides as guardian of the person.amended 2013, c.103, s.35. 3B:13-27 Powers of public guardian as guardian of veterans' estates. 3B:13-27. The public guardian of veterans who are incapacitated shall have, in respect of any veteran and the estate of any veteran for whom the public guardian is appointed, the same power and authority as any other duly appointed guardian of a person who is incapacitated.amended 2013, c.103, s.36.3B:13-28 Settlement of accounts.
3B:13-28. The public guardian shall settle accounts in each estate in which the guardian is appointed at the times and in the same manner as other guardians of persons who are incapacitated.amended 2013, c.103, s.37. 3B:13-29 Termination of guardianship; settlement of account.3B:13-29. Upon the termination of a guardianship, by death of the ward or otherwise, the public guardian shall settle the account in the same manner as other guardians of persons who are incapacitated.amended 2013, c.103, s.38. 3B:13-30. Settlement of accounts upon expiration of public guardian's term The public guardian shall proceed to settle the accounts of all estates of which he is duly appointed guardian upon the expiration of his term of office.3B:13-31 Counsel to represent public guardian; compensation.
3B:13-31. The public guardian of veterans who are incapacitated may, when authorized by the Superior Court, employ counsel to represent the public guardian.The compensation of counsel shall be fixed by the court and paid from moneys in the guardian's control belonging to the estate involved in litigation.amended 2013, c.103, s.39. 3B:13A-1 Definitions.a."Conservatee" means a person who has not been adjudicated incapacitated but who by reason of advanced age, illness, or physical infirmity, is unable to care for or manage property or has become unable to provide self-support or support for others who depend upon that support.b."Conservator" means a person appointed by the court to manage the estate of a conservatee.amended 2013, c.103, s.40. 3B:13A-2. Civil action to appoint conservator The Superior Court may, in a civil action brought by the conservatee or some other person in his behalf, appoint a conservator to manage the estate of a conservatee, except that if the conservatee objects to the imposition of a conservatorship, a conservator shall not be appointed.3B:13A-3. Appointment of counsel to represent conservatee The court shall have the right to appoint counsel for the proposed conservatee if it believes that counsel is necessary to adequately protect the interests of the conservatee.
L.1983, c. 192, s. 1, eff. May 23, 1983. 3B:13A-4. Conservatee to be present at hearing; court ordered investigation if conservatee unable to attend The conservatee shall be present at the hearing unless he is unable to attend by reason of physical or other inability, and that inability is established to the satisfaction of the court. If the conservatee is found to be unable to attend, the court shall, subject to rules of court, order an investigation to be conducted to assure the conservatee does not object to the conservatorship unless the court believes, in its discretion, that the interests of the conservatee are adequately protected by counsel representing the conservatee.
L.1983, c. 192, s. 1, eff. May 23, 1983. 3B:13A-5. By whom action for appointment of conservator in behalf of conservatee may be brought 3B:13A-5. By whom action for appointment of conservator in behalf of conservatee may be brought. An action for the appointment of a conservator may be brought by the conservatee as provided in section 3B:13A-2 or in the conservatee's behalf by:
a. His spouse;
b. His adult children or, where there are none, the person or persons closest in degree of kinship to the conservatee;
c. Any person having concern for the financial or personal well-being of the conservatee;
d. A public agency or a social services official of the State or of the county in which the conservatee resides regardless of whether or not the conservatee is a recipient of public assistance; or
e. The chief administrator of a State licensed hospital, school or institution in which the conservatee is a patient or from which he receives services.
f. The chief administrator of a non-profit charitable institution in which the conservatee is a patient or from which he receives services.
