N.J. Stat. tit. 3B, ch. 13A

N.J. Stat. tit. 3B, ch. 13A
in effect

N.J. Stat. § 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.

N.J. Stat. § 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. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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. Amended 1989,c.329,s.1.

N.J. Stat. § 3B:13A-6 Service of notice to appoint conservator

Notice of the action to appoint a conservator shall be served upon the following persons: a. The conservatee unless he is the plaintiff; b. The spouse and adult children of the conservatee or, where there are none, upon the person or persons closest in degree of kinship to the conservatee; c. The person with whom the conservatee resides, or if the conservatee resides in an institution, upon the chief administrator of that institution. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-7 Right of persons to be heard

The persons receiving notice pursuant to N.J.S. 3B:13A-6 may, upon approval of the court and in the interest of the conservatee, appear and be heard concerning all matters relating to the conservatorship. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-8 Designation of conservator

The court may appoint a person or a financial institution, qualified under the laws of this State to act as a fiduciary, as the conservator of the conservatee's estate. If the court appoints a conservator, it shall do so in the following order of priority: a. A person or financial institution nominated or designated by the conservatee; b. The conservatee's spouse; c. One or more of the conservatee's adult children, or where there are none, the person or persons closest in degree of kinship to the conservatee; or d. Some other proper person or financial institution as the court shall determine. The court may, in its discretion, deviate from this order of priority if a potential conservator is unable or unwilling to serve or for some other good cause. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-9 Acceptance of appointment

Before letters of conservatorship are issued, the conservator shall accept the appointment in accordance with the Rules Governing the Courts of the State of New Jersey. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-10 Power of attorney; filing; contents

Every conservator, whether or not a resident of this State, who is granted letters of conservatorship within this State shall, at the time of the grant of letters of conservatorship to him, file a power of attorney with the clerk of the court. The power of attorney shall be duly executed in writing, shall set forth the post office address, street and number of the conservator and, by sufficient language, constitute the clerk with whom the power of attorney is filed and his successors in office, his true and lawful attorney to receive process affecting the estate in his charge, or any interest therein, with the same force and effect as if the process were duly served on the conservator within this State. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-11 Service of process

Service of process under N.J.S. 3B:13A-10 shall be made by leaving a copy of the process with the clerk of the court together with a fee of $2.00 to be taxed in the costs. The clerk shall forthwith notify the conservator of the service by mailing a letter, with a copy of the process served enclosed, with full postage prepaid, directed to the conservator at the post office address given in the power of attorney. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-12 "Process" defined

The word "process" as used in N.J.S. 3B:13A-10 and N.J.S. 3B:13A-11 shall have the same meaning as set forth in N.J.S. 3B:14-46. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-13 Bond

The court may, upon appointing a conservator in order to secure the faithful performance of the duties of his office, require him to furnish bond to the Superior Court in a sum and with proper conditions and sureties having due regard to the value of the estate in his charge and the extent of his authority, as the court shall approve. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-14 Conditions of bond

If a bond is required of a conservator, it shall be conditioned substantially as follows: a. To well and truly take care of the estate of the conservatee and all writings and evidences concerning his real estate and to deliver them to the person or persons who by law are or may be entitled to receive them; b. To improve the real estate to the best advantage and to commit no waste or destruction thereof or thereon; c. To make a just and true account of the rents, issues and profits of the real estate and of the proceeds of the sale of any real estate that may be ordered to be sold; d. To make a just and true account of the expenditures and disbursements of the goods, chattels and personal estate of the conservatee that shall come into his hands; and e. If required by court, to settle those accounts therein within the time so required. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-15 Bond premium

A conservator may include as a part of the lawful expense of executing his trust a reasonable sum, not exceeding 1% per annum on the amount of any bond, paid a company authorized under the laws of this State to become a surety on his bonds, as may be allowed by the court in which he is required to account. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-16 Limitations on appointment of conservator.

3B:13A-16. The appointment of a conservator shall not: a. Be evidence of the capacity or incapacity of a conservatee; or b. Transfer title of the conservatee's real and personal property to the conservator; or c. Deprive or modify any civil right of the conservatee, including but not limited to civil service status and appointment or rights relating to the granting, forfeiture, or denial of a license, permit, privilege, or benefit pursuant to any law. amended 2013, c.103, s.41.

N.J. Stat. § 3B:13A-17 Inventory

A conservator may, and if required by the court shall, file with the clerk of the court an inventory, under oath, of all the real and personal property which has come into his hands or control or into the hands of any other person for him. The court shall not require an inventory and appraisement to be filed until 3 months have elapsed after the grant of letters. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-18 Expenditures to be made by conservator out of conservatee's estate

A conservator may expend or distribute so much or all of the income or principal of the conservatee for his support, maintenance, education, general use and benefit and for the support, maintenance, education, general use and benefit of his dependents, in the manner, at the time or times and to the extent that the conservator, in an exercise of a reasonable discretion, deems suitable and proper, with or without court order, with or without regard to the duty or ability of any person to support or provide for the conservatee, and with or without regard to any other funds, income or property which may be available for any of those purposes. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-19 Recommendations to be considered by conservator in making expenditures

In making expenditures under N.J.S. 3B:13A-18, a conservator shall consider recommendations relating to the appropriate standard of support, education and benefit for the conservatee made by any party set forth in N.J.S. 3B:13A-6. He may not be surcharged for sums paid to persons or organizations actually furnishing support, education or care to the conservatee pursuant to the recommendations of a parent, spouse or heir of the conservatee unless he knows that the parent, spouse or heir of the conservatee is deriving personal financial benefit therefrom, or unless the recommendations are clearly not in the best interests of the conservatee. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-20 Other factors to be considered by conservator in making expenditures

In making expenditures under N.J.S. 3B:13A-19, the conservator shall expend or distribute sums reasonably necessary for the support, education, care or benefit of the conservatee with due regard to: a. The size of the conservatee's estate; b. The probable duration of the conservatorship and the likelihood that the conservatee, at some future time, may be fully able to manage his affairs and the estate which has been conserved for him; and c. The accustomed standard of living of the conservatee and members of his household. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-21 Persons for whose benefit expenditures may be made

The conservator may expend funds of the conservatee's estate for the support of persons legally dependent on the conservatee and others who are members of the conservatee's household who are unable to support themselves, and who are in need of support. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-22 Persons to whom funds may be paid

Funds expended under N.J.S. 3B:13A-18 may be paid by the conservator to any person, including the conservatee, to reimburse the conservator for expenditures which he has made, or in advance for services to be rendered to the conservatee when it is reasonable to expect that they will be performed and where advance payments are customary or reasonably necessary under the circumstances. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-23 Powers conferred upon conservator

A conservator has all of the powers conferred upon him by law and the terms of this chapter, except that a conservator's powers over the property of the conservatee are limited to the investment of income or the expenditure and distribution of income and principal as set forth in N.J.S. 3B:13A-18 and N.J.S. 3B:13A-21, unless other powers are specifically conferred upon the conservator by the court or by the conservatee in an acknowledged writing. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-24 Expansion or limitation of conservator's powers

The court may, at the time of appointment or later, expand or limit the powers of a conservator otherwise conferred by this chapter, or previously conferred by the court, and may at any time relieve him of any expansion or limitation. If the court expands or limits any power conferred on the conservator, the expansion or limitation shall be stated in certificates of letters of conservatorship thereafter issued. The court shall confer powers to the conservator authorizing only that intervention which it finds to be least restrictive of the conservatee's rights while consistent with the conservatee's welfare and safety. The basis for the finding shall be in the record of the court. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-25 Formal accounting

A conservator shall settle his account in the Superior Court at intervals as the court may require, except that a conservator may settle his first account within 1 year after his appointment, or as soon thereafter as may be practicable. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-26 Effect of judgment allowing intermediate account

A judgment, made upon notice and hearing, allowing an intermediate account of a conservator, shall have the same effect as a judgment allowing an intermediate account of any other fiduciary. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-27 Annual informal report or accounting

The conservator shall present to the conservatee an annual informal report or accounting setting forth the collection and disposition of income and other assets within the conservator's control. The annual informal report or accounting shall be filed with the court and available for inspection by any party set forth in N.J.S. 3B:13A-6. In addition, the court may order, upon a showing of good cause by the conservatee, a full accounting by the conservator of all the conservatee's assets within the conservator's control. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-28 Personal liability of conservator on contracts

Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-29 Personal liability of conservator for obligations arising from control of estate

A conservator is individually liable for obligations arising from control of property of the estate or for any act or omission committed in the course of administration of the estate only if he is personally at fault. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-30 Asserting claims against estate

Claims based on contracts entered into by a conservator in his fiduciary capacity, on obligations arising from control of the estate, or on any act or omission committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in his fiduciary capacity, whether or not the conservator is individually liable therefor. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-31 Determining issues of liability between estate and conservator

Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-32 Liability of conservator for improper exercise of power concerning estate

If the exercise of power concerning the estate is improper, the conservator is liable to the conservatee or interested persons for damage or loss resulting from breach of his fiduciary duty to the same extent as a trustee of an express trust. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-33 Termination of conservatorship by conservatee

Upon application of the conservatee, the court shall terminate the conservatorship, and the conservator, after the allowance of his final account, shall pay over and distribute all funds and property in his hands and under his control to the former conservatee. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-34 Termination of conservatorship.

3B:13A-34. A conservatorship shall terminate upon the death of the conservatee or upon adjudication of the conservatee to be incapacitated as provided by law, but the termination shall not affect the conservator's liability for prior acts nor obligation to account funds and property of the conservatee. amended 2013, c.103, s.42.

N.J. Stat. § 3B:13A-35 Substituted conservator

Upon the death of the conservator or his removal by the court for good cause or if he resigns with court approval and after filing his account, the court may appoint another conservator in the manner provided for by this chapter. L.1983, c. 192, s. 1, eff. May 23, 1983.

N.J. Stat. § 3B:13A-36 Conservator's compensation.

3B:13A-36. A conservator shall be compensated for services in the same manner as a guardian for a minor or for a person who is incapacitated. amended 2013, c.103, s.43.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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