This new law, effective January 11, 2006, clarifies the court's authority with regard     to addressing the immediate needs of an incapacitated person. The new law establishes     procedures for the appointment of a general guardian, a limited guardian of the person,     estate or of both, a special guardian or a temporary "pendente lite" guardian     who would act on behalf of the incapacitated person with regard to his medical, financial,     educational, legal or vocational needs. It sets forth the powers and duties of the     guardian, when a bond must be furnished by a guardian and when reasonable compensation for     services would be granted. The new law expands the current reporting procedures for     guardians. In addition, the new law revises various sections throughout chapter 12 of     Title 3B by deleting all references to "mental incompetent" and replacing them     with "incapacitated or alleged incapacitated" to provide uniformity and     consistency in these sections.

The pertinent provisions in the new law are as follows: Section 4: N.J.S.A. 3B:12-4.     (Appointment of special guardian) Current law authorizes the court to appoint a special     guardian to assist the court in providing for any protective arrangements. This provision     remains unchanged by the new law. The new law provides that if a special guardian is     appointed, the guardian is entitled to reasonable fees for services as well as     reimbursement for reasonable expenses.

Section 7: N.J.S.A. 3B:12-11. (Affidavit of receipt) This section requires filing of an     affidavit by the recipient for money or property in connection with the guardianship of a     minor. If the minor resides outside the State, the filing is in the county which has     jurisdiction over the property.

Section 12: (New section). (Determination by the court of need for guardianship     services) This section of the new law supplements the current law by specifically     outlining the different types of guardians and their powers and duties.

General Guardian -If the court finds that an individual is incapacitated and is without     capacity to govern himself or manage his affairs, the court may appoint a general guardian     who will exercise all rights and powers of the incapacitated person. The general guardian     must furnish a bond unless relieved by the court.

Limited Guardian. If the court finds a person is incapacitated and lacks the capacity     to do some, but not all, of the tasks necessary to care for himself, the court can appoint     a limited guardian of the person, limited guardian of the estate, or limited guardian of     both. The court must make specific findings as to the person's decision making capacity     with regard to residential, education, medical, legal, vocational and financial decisions.     A judgment of limited guardianship may specify the limitations upon the authority or the     areas of decision making retained by the person. The limited guardian must furnish a bond     unless relieved by the court.

Pendente lite; Temporary Guardian. Whenever a complaint is filed in court to declare a     person incapacitated and to appoint a guardian, the complaint may also request the     appointment of a temporary guardian of the person or estate, or both, pendente lite.     Pending a hearing for the appointment of a guardian, the court may for good cause shown     appoint a pendente lite temporary guardian upon a finding that there is a critical need or     risk of substantial harm. If appointed the temporary guardian may be granted authority to     arrange interim services or temporary accommodations.

Payments for such services may be made from the estate of the alleged incapacitated     person. A pendente lite temporary guardian appointed is limited to act for the alleged     incapacitated person only for those services determined by the court to be necessary to     deal with critical needs or risk of substantial harm to the alleged incapacitated person.     Pendente lite temporary guardians are not designed to act as special medical guardians     appointed under Rules of Court to authorize emergent medical or surgical intervention     needed to deal with substantial threat to a person's life or health.

The attorney for the alleged incapacitated person is given notice of the appointment.     The pendente lite temporary guardian is required to advise the attorney of all actions and     the attorney would have the right to object. A pendente lite temporary guardian     appointment does not have the effect of an adjudication of incapacity or effect of     limitation on the legal rights of the individual other than those specified in the court     order. The pendente lite temporary guardian, upon application to the court, would be     entitled to receive reasonable fees for his services, as well as reimbursement of his     reasonable expenses, which would be payable by the estate of the alleged incapacitated     person or minor. The pendente lite temporary guardian would be required to furnish a bond,     unless the court relieves him of doing so. This sections also addresses the following:     disclosure of information; court appearance; communication; enlarging or limiting     guardianship powers.

Section 13: N.J.S.A. 3B:12-25. (Appointment of guardian) Clarifies that letters of     guardianship may be granted to the spouse or registered domestic partner if the person is     living with the alleged incapacitated person or his heirs, or if none of them will accept     letters thereafter to the Office of Public Guardian for Elderly Adults. Consideration may     be given to the surrogate decision-makers, if any, chosen by the incapacitated person by     way of a durable power of attorney, health care proxy or advance directive.

Section 16: N.J.S.A. 3B:12-28. (Return to competency) Clarifies that the court may, on     a summary action filed by the person adjudicated incapacitated or the guardian, adjudicate     that the person has returned to full or partial competency and restore his civil rights     and estate.

Section 28: N.J.S.A. 3B:12-41. (Guardian of ward's person entitled to reimbursement for     expenses) Clarifies that the guardian will receive reasonable reimbursement and fees for     his services.

Section 29: N.J.S.A. 3B:12-42. (Reporting condition of ward's person and property to     court) Expands the reporting requirements for guardians in order to provide uniformity and     consistency. This section sets forth when the report should be made and what it must     contain. Exempts from this reporting requirement the Bureau of Guardianship Services in     the Division of Developmental Disabilities, the Public Guardian, and public officials     appointed as limited guardians for individuals in psychiatric facilities for medical     purposes.

Section 30: N.J.S.A. 3B:12-43. (Expenditures to be made by guardian out of ward's     estate.) Requires a guardian to follow the requirements of the "Prudent Investor     Act" when dealing with the assets of the ward.

Section 35: N.J.S.A. 3B:12-48. (Powers conferred upon a guardian) Clarifies that the     guardian has the power to file or defend any litigation on behalf of the ward, including     but not limited to, the right to bring an action for divorce or annulment on any grounds     authorized by law.

Section 36: N.J.S.A. 3B:12-49. (Powers conferred upon a court) Clarifies that among the     court's powers with regard to a ward and his estate is the power to exercise the ward's     right to an elective share in the estate of the ward's deceased spouse or registered     domestic partner and to engage in planning the use of public assistance programs.

Section 38: N.J.S.A. 3B:12-56. (Powers, rights and duties of a guardian of a ward)     Clarifies the powers, rights and duties of a guardian of a ward. Provides that a guardian     is not legally obligated to provide for the ward from his own funds and is not liable to a     third person for acts of the ward solely by reason of the relationship and is not liable     to the ward for injury resulting from wrongful conduct of a third person. A guardian is     required to act consistently with a previously executed valid power of attorney for health     care or advance directive. To the extent ordered by a court, the guardian can initiate the     voluntary admission of a ward to a psychiatric facility with all of the rights of a     voluntarily admitted patient. If the ward objects, the State's procedures for involuntary     commitment apply.

Section 39: N.J.S.A. 3B:12-57. (Powers and duties of a guardian of a person) Clarifies     that a guardian of the person of a ward is required to exercise authority over matters     relating to the ward's personal needs only to the extent ordered by the court. Provides     that a guardian is required to give due regard to the preferences of the ward. The     guardian shall exercise care to conserve any excess funds. The guardian may institute an     action that could be maintained by the ward including actions alleging fraud, abuse, undue     influence and exploitation.

Section 45: N.J.S.A. 3B:12-64. Clarifies that the guardian may make final burial and     funeral arrangements if the body remains unclaimed for five days and may pay for these     costs and surrogate fees.

Section 46: N.J.S.A. 3B:12-66. Clarifies that the Superior Court, or the Surrogate's     court in the case of a minor, shall have jurisdiction to fill a vacancy by the appointment     of a substituted guardian.

Section 47: N.J.S.A. 3B:22-2. Provides an order of payment if the applicable assets of     the estate are insufficient to pay all claims in full. Clarifies that the debts for the     reasonable value of services rendered to the decedent by the Office of the Public Guardian     will be paid before certain other claims.

New sections 48 and 49. These sections establish procedures for transfer of     guardianship services when a guardian in this State is seeking to move to another state     and when a guardian in another state is seeking to transfer services into New Jersey.

Other provisions of the new law. The remaining sections of the new law replace the term     "mental incompetent" with "incapacitated or alleged incapacitated"     person.