Terms Used In New Jersey Statutes 3B:12-42

  • Estate: means all of the property of a decedent, minor or incapacitated individual, trust or other person whose affairs are subject to this title as the property is originally constituted and as it exists from time to time during administration. See New Jersey Statutes 3B:1-1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person who has qualified as a guardian of the person or estate of a minor or incapacitated individual pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem. See New Jersey Statutes 3B:1-1
  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
3B:12-42. Reporting condition of ward’s person and property to court.

A guardian shall report at time intervals as ordered by the court, unless otherwise waived by the court, the condition of the ward and the condition of the ward’s estate which has been subject to the guardian‘s possession or control as ordered by the court.

a. A report by the guardian of the person shall state or contain:

(1) the current mental, physical and social condition of the ward;

(2) the living arrangements for all addresses of the ward during the reporting period;

(3) the medical, educational, vocational and other services provided to the ward and the guardian’s opinions as to the adequacy of the ward’s care;

(4) a summary of the guardian’s visits with the ward and activities on the ward’s behalf and the extent to which the ward has participated in decision-making;

(5) if the ward is institutionalized, whether or not the guardian considers the current plan for care, treatment or habilitation to be in the ward’s best interest;

(6) plans for future care; and

(7) a recommendation as to the need for continued guardianship and any recommended changes in the scope of the guardianship.

b. The court may appoint an individual to review a report, interview the ward or guardian and make any other investigation the court directs.

c. Agencies authorized to act pursuant to P.L.1985, c. 298 (C. 52:27G-20 et seq.), P.L.1985, c. 145 (C. 30:6D-23 et seq.), P.L.1965, c. 59 (C. 30:4-165.1 et seq.) and P.L.1970, c. 289 (C. 30:4-165.7 et seq.) and public officials appointed as limited guardians of the person for medical purposes for individuals in psychiatric facilities listed in R.S.30:1-7 shall be exempt from this section.

Amended 2005, c.304, s.29.