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/

Sunday, May 07, 2017

Instructions: Guardianship Report of Well-Being NJ

Instructions: Guardianship Report of Well-Being NJ
If you are a guardian of the person, you may be required to file the Report of Well-Being. This document includes ten (10) questions and space to provide additional information. For any question that cannot be answered fully in the space provided, you should attach additional sheets, writing or typing on only one side of the page.
Item #1 requests a description of the incapacitated person’s overall situation. This item should be answered either by describing any significant changes in the incapacitated person’s physical health, intellectual functioning, emotional health and/or living conditions, or by stating affirmatively that there has been no substantial change in these areas since the prior reporting period. This item should not be left blank even if there has been no change to the incapacitated person’s overall situation since the establishment of the guardianship or the filing of the prior report.
Item #2 addresses the incapacitated person’s residential setting. If you respond that the current setting is not suitable to the needs of the incapacitated person, then you must explain that response and should specifically state whether the unsuitability is temporary and being addressed (i.e., the incapacitated person’s apartment flooded due to a storm, and from ____ to ____ he or she was placed in alternate housing while the damage was repaired) or an ongoing issue (i.e., the incapacitated person is no longer ambulatory but remains in _________ facility which lacks operational elevators, however, alternate housing has not yet been secured).
Item #3 asks whether suitable social activities are available to the incapacitated person and whether he or she partakes in such activities. Both aspects of this question should be answered taking into consideration the abilities and needs of the incapacitated person.
Item #4 requests information regarding a recent medical evaluation of the incapacitated person. A written statement of an examining professional (i.e., medical doctor (M.D.), doctor of osteopathic medicine (D.O.), etc.) must be attached to the Report of Well-Being.
A Certification of Examining Professional (CN 12042) is provided on the last page. The Certification of Examining Professional is a form certification which should be provided to the professional who has performed a recent medical evaluation of the incapacitated person. Complete the top portion of the form by filling in your name, address, and telephone number. Insert the incapacitated person’s name in the blank spot under “In the Matter of:”.
Provide this form to the examining professional to be filled out. Additional pages may be attached if more space is needed. Should the examining professional wish to utilize their own form, make sure that the statement addresses the same information.
Item #5 requires a list of other professional medical treatment provided to the incapacitated person. If the reporting period is other than a year, then this question should be answered to address the period covered by this report.
Item #6 addresses substantial changes to the incapacitated person’s medication. If the incapacitated person is not prescribed any medication, then this should be stated. If there has been no substantial change to the incapacitated person’s prescriptions, then you should state “no change to prescriptions.” If the incapacitated person is subject to a regimen of over-the-counter medications, then any substantial change in this regard should also be noted.
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Revised 02/2017, CN 11798 (Guardianship - Report of Well Being, Instructions) page 1 of 6
Item #7 provides for a description of the incapacitated person’s treatment plan going forward. For any area that does not apply, you should note “N/A” (not applicable). Examples of additional related services include speech therapy, occupational therapy, therapeutic massage, etc.
Item #8 directs the guardian to assess various areas of the incapacitated person’s functioning. Please provide further explanation if you select “Don’t Know” for any area.
Item #9 asks if you have investigated eligibility for public benefits to which the incapacitated person may be entitled. If you have investigated all listed programs, then you should answer “Yes” even if the incapacitated person has been determined ineligible for some/all benefits.
Item #10 allows you as guardian to identify any assistance required from the court or a community agency. Please be as specific as possible in describing any help that you need on behalf of the incapacitated person.
Following item #10 is an optional section in which you can add additional information about the incapacitated person and/or the guardianship.
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Revised 02/2017, CN 11798 (Guardianship - Report of Well Being, Instructions) page 2 of 6
Report of Well-Being
Notice to Interested Parties: Interested parties should act to protect the welfare and/or finances of an adult incapacitated person under legal guardianship. Within the time and in the manner provided by law, interested parties may file a motion to object to actions taken by the guardian or to seek review of the guardianship. Although some guardianship reports are subject to review by authorized Judiciary and/or Surrogate personnel, interested parties remain responsible for requesting court review as to any misstatements or misconduct by a guardian.
If you are Guardian of the Person, Complete the Following Questions
Guardian’s Name: Docket Number:
Incapacitated Person’s Name:
  1. Describe the incapacitated person's overall situation, including any significant changes in physical health, intellectual functioning, emotional health and living conditions over the past year.
  2. Residential Setting: Is the current setting suitable to the needs of the incapacitated person? Yes No If No, please explain.
  3. Socialization: Does the incapacitated person have access and partake in appropriate Yes No social activities, given his/her abilities and needs? Please describe.
  4. Medical Examination: State the date and medical professional that last examined the incapacitated person and the purpose of such visit.
Date: Physician:
Purpose:
Please attach a statement of the incapacitated person’s condition and functional level from a professional (e.g. physician, psychologist, clinician) who has evaluated or examined him/her within this reporting period. Either use the attached form or make sure that the statement addresses the same information.
5. Treatment: What professional medical treatment, if not mentioned above, has been given to the incapacitated person during the preceding year?
Date Treatment
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Revised 02/2017, CN 11798 (Guardianship - Report of Well Being) page 3 of 6
Guardian’s Name: Docket Number:
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  1. Has there been any substantial change in the incapacitated person’s medication? Yes No If Yes, please explain.
  2. Treatment Plan: Describe the treatment plan for the coming year for the incapacitated person regarding (a) Medical Treatment:
    (b) Dental Treatment:
    (c) Mental Health Treatment: (d) Additional related services:

  3. Guardian’s current assessment of Incapacitated Person's: (check a rating box for each category)
    1 Excellent 2 Satisfactory 3 Fair page4image85284 Poor 5 Don’t Know
  4. Has eligibility for such programs as Social Security, Medicare, Medicaid, SSI or Food Yes No Stamps been investigated? If No, state reason.
  5. Is information or assistance, whether from the court or a community agency, required? Yes No If Yes, please describe.
Optional:
In addition to the information provided above, the court should be aware of the following issues related to the
incapacitated person and/or the guardianship:
Note: The Judiciary’s Guardian Support/Guardianship Monitoring Program webpage, found at www.njcourts.gov/guardianship, features general court information, forms, frequently asked questions, and helpful links.
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Physical Health
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Emotional Health
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Intellectual Functioning
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Living Situation
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Revised 02/2017, CN 11798 (Guardianship - Report of Well Being) page 4 of 6
Guardian’s Name:
Docket Number:
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Certification
, certifies that I/we am/are the Guardian(s) of the within named
(insert your name)
incapacitated person and that the attached report of well-being is to the best of my/our personal knowledge, complete and true statement of my/our activities as Guardian(s). I/we will supplement this form as may be necessary should additional information become available.
I/We am/are aware that if any of the foregoing statements are willfully false, I/we am/are subject to punishment.
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Date
If applicable: Date
If applicable: Date
Signature of Guardian Print Name
Signature of Co-Guardian Print Name
Signature of Co-Guardian Print Name
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Revised 02/2017, CN 11798 (Guardianship - Report of Well Being)
page 5 of 6

Guardian’s Name: Docket Number:
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Name: Address:
Telephone:
In the Matter of: (Insert the incapacitated person's name)
an Incapacitated Person.
,
Certification of Examining Professional
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I, , of full age, hereby certify as follows:
1. This certification is made by me for purposes of the periodic report of the well-being of

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[insert the incapacitated person’s name]
, an incapacitated person.
2. I examined , on [insert the incapacitated person’s name]
My examination revealed that (select one)
the condition of the incapacitated person is essentially unchanged;
during the reporting period, the condition of the incapacitated person has changed as follows:

. The examination took place at [insert date]
.
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3. In my opinion,
,
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[insert the incapacitated person’s name]
continues to lack capacity to govern him/herself and to manage his/her affairs to the same extent and therefore the guardianship should continue unchanged;
exhibits a change in capacity such that the guardianship should be modified as follows:
I hereby certify and say that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
Date page6image18536 page6image18736Signature of Professional Print Name
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Revised 02/2017, CN 11798 (Guardianship - Report of Well Being)
page 6 of 6 

http://www.judiciary.state.nj.us/forms/11798_grdnshp_rpt_well_being.pdf

Instructions: Report of Guardian Cover Page


Instructions: Report of Guardian Cover Page
All guardians required to file periodic reports must complete the Report of Guardian Cover Page. This is a one-page document to which the appropriate report(s) will be attached.
The date of appointment should be filled in prior to the first numbered paragraph, even if the reporting period is different than that date. The start date and end date of the reporting period must be stated in the caption. Make sure to select appropriately as to the nature of your guardianship: Guardian of Person, Guardian of Estate, or Guardian of Both Person and Estate. This selection will guide you in choosing the appropriate reporting form(s) to attach to the Cover Page.
You must file the original report with the Surrogate. Check the judgment to see if you need to send copies of the report to anyone else. In most cases, this is not required because other individuals considered interested in the guardianship will be authorized to review the report at the Surrogate’s Court. Remember that there is a fee of $5/page for all documents filed with the Surrogate, including the Cover Page.
In a co-guardianship, all co-guardians must report as required by the judgment. Co-guardians may file a single Cover Page with all required information, but if the co-guardians reside in different places, it may be necessary to attach a separate page with the address and contact information for the additional co- guardian(s).

source http://www.judiciary.state.nj.us/forms/11797_grdnshp_rpt_grdn_cover_pg.pdf 

NJ Guardianship Terms and Procedures

Guardianship Terms and Procedures
The guardianship reporting forms were designed to be easy to understand. However, some terms may be unfamiliar or unclear to guardians. The following definitions and instructions are intended to clarify any confusion and enable guardians to independently fulfill their reporting responsibilities.
- Interested Parties (or Parties in Interest)
The term “Interested Parties” (or parties-in-interest) includes the nearest of kin of the incapacitated person, meaning those relatives served with notice of the underlying guardianship action, including any relatives identified or located after the filing of the complaint and prior to entry of the judgment. Note that a child of an incapacitated person need not be served during minority but must be served upon reaching the age of eighteen (18) years, even if such child was a minor at the time of the guardianship proceeding and therefore not listed as an interested party in the verified complaint. Interested parties may also include any agent(s) appointed pursuant to a power of attorney or advance directive, as well as the director of a residential care facility having custody of the incapacitated person, and/or the attorney appointed for the incapacitated person in the guardianship action. If an interested party is under a guardianship or has died, then this should be noted in the certification of service section.
- Service
All of the forms include a certification of service in which you as guardian must specify when and how the report was served on the parties in interest. As noted at the beginning of the Report of Guardian Cover Page, you must file the original report with the Surrogate and serve copies of the report on the interested parties. In terms of service, you should consult the Judgment to see if any particular method of service is required (i.e., by certified mail). If nothing is stated in the Judgment, then use your discretion as to the method of service.
It is not necessary to file proof of service (i.e., signed certified mail return receipt cards) with the Surrogate. However, if the underlying guardianship action was contested, or if you anticipate that an interested party may raise objections now or in the future, then you may at your discretion file proof of service with the Surrogate.
- Fees
By statute, a fee of $5/page is required for all documents filed with the Surrogate. Fees are payable to the “Surrogate of _____ County” or “_____ County Surrogate” and are not paid to the State of New Jersey. Guardians may contact the appropriate Surrogate’s Court to inquire as to the method of payment (i.e., cash, check, money order). Note that it is the responsibility of the guardian to make copies for purposes of service on other parties, and additional fees may be assessed if you request that the Surrogate make the copies for you.
- Reporting Period
Most guardians are directed to report annually, at or before the anniversary date of the Judgment of Incapacity, so most reports will cover a 12-month period. Strict adherence to this time period may be difficult depending on the timing of the guardianship judgment and the nature of the guardianship reporting. For example, a guardian appointed on April 13th and required to file the Comprehensive Accounting must submit bank statements
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Published: 04/2014, CN: 11796 (Guardianship - Terms and Procedures) page 1 of 2

Guardianship Terms and Procedures
showing balances at the beginning and ending of the accounting period, but banks may issue statements as of the first day of the month, not the 13th. A guardian in this situation might decide to file her first accounting for the period of April 13th March 31st, and then start the next accounting as of the following April 1st. Even though the first accounting covers less than 12 months, this is acceptable. After the first accounting, the guardian will file reports for a full 12-month period, with bank account statements as of the beginning (April 1st) and end (March 31st) of each yearly period.
Although it is acceptable to slightly adjust the reporting period for convenience, it is not acceptable to deviate substantially from the reporting deadline imposed by the Judgment of Incapacity. For example, a guardian appointed on April 13th may not decide to report through December 31st in order to achieve a future reporting period of January 1st through December 31st. If all guardians were allowed to determine the periods for reporting, many guardians would opt for a period coinciding with the calendar year. This would result in an influx of reports at the same time and would inhibit prompt review of submissions by the volunteers of the Guardianship Monitoring Program.
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Published: 04/2014, CN: 11796 (Guardianship - Terms and Procedures) page 2 of 2
source http://www.judiciary.state.nj.us/forms/11796_grdnshp_terms_procs.pdf 

Introductory Instructions: Guardianship Reporting Forms

Introductory Instructions: Guardianship Reporting Forms
Generally, an individual appointed as a guardian of the person, estate, or person and estate of an incapacitated person must periodically report to the court regarding the guardianship. Forms have been developed and approved by the Supreme Court for use by guardians subject to reporting requirements. All guardians required to report must utilize these forms which can be completed online or printed and filled out in type or neat handwriting.
Consult the Judgment and Letters
The first step for any guardian is to look to the Judgment of Incapacity (or Judgment of Guardianship) entered by the Superior Court, along with the Letters of Guardianship issued by the Surrogate. Both the Judgment and the Letters specify the type of your responsibilities as a guardian. An individual may be appointed as guardian of the person, as guardian of the estate (sometimes referred to as property), or as guardian of the person and estate. In some cases, one person may be appointed as guardian of the person and a different person appointed as guardian of the estate. For purposes of reporting, each guardian must identify the nature of his or her guardianship and file the appropriate report(s). If multiple guardians are appointed as to the same area (co-guardians of person, or co-guardians of estate, or co-guardians of person and estate) then all guardians must report. It is acceptable for all co-guardians to file a single report, signed by all, or to file separate reports. Refer to the Judgment as to any requirement for service of a report filed by one guardian on the other co-guardian(s).
After determining whether you are appointed as a guardian of the person, a guardian of the estate, or a guardian of both person and estate, look to the Judgment to see when you must report. Guardians are often required to report on or before the annual anniversary of the date of their appointment, but in some cases the Judgment will set a different period. The date of appointment is the date of entry of the Judgment, not the date when letters were issued by the Surrogate.
Published: 04/2014, CN: 11795 (Guardianship – Introductory Instructions) page 1 of 1 
http://www.judiciary.state.nj.us/forms/11795_grdnshp_intro.pdf

Thursday, May 04, 2017

Spotswood Senior Center Wills, Estate Planning & Probate Seminar May 23

Spotswood Senior Center Wills, Estate Planning & Probate Seminar
May 23 at 12:00
Free community program
Spotswood Senior Center
1 Arlington Ave.     
Spotswood NJ  0888      
 WILLS & ESTATE ADMINISTRATION-PROTECT YOUR
FAMILY AND MAKE PLANNING EASY
 SPEAKER: Kenneth Vercammen, Esq. Edison, NJ (Author- Wills and Estate Administration by the ABA)
       The NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1.   2017 changes to NJ Estate Tax & changes to taxes on pensions
2. 2017changes in Federal Estate and Gift Tax 
3. The New Probate Law and preparation of Wills 
4. Power of Attorney
5.  Living Will             
6.  Administering the Estate/ Probate/Surrogate 
You do not have to be a resident to attend
       COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
  For information contact
Spotswood Senior Center
1 Arlington Ave.     
Spotswood NJ  08884    
732-251-3432        bblatt@spotswoodboro.com

https://www.facebook.com/events/405130593204112/