reglab/housing_qa huggingface dataset:
NJ Rev Stat § 3B:11-36 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:11-36 - Findings, declarations regarding special needs trusts

3B:11-36. Findings, declarations regarding special needs trusts  1. The Legislature finds and declares that: a. It is in the public interest to encourage persons to set aside amounts to supplement and augment assistance provided by government entities to persons with severe chronic disabilities; b. By enacting section 13611 of the federal Omnibus Budget Reconciliation Act of 1993, 42 U.S.C. s.1396p(d)(4), the United States Congress affirmed this view by permitting the establishment of a trust to supplement and augment assistance for a person who is disabled without disqualifying that person from benefits under the Medicaid program; c. In some instances, trusts must be established by a court in order to comply with the provisions of 42 U.S.C. s.1396p(d)(4); d. However, the current law in New Jersey does not specifically authorize the establishment of these trusts and subsection f. of section 6 of P.L.1968, c.413 (C.30:4D-6) may be construed as impeding their establishment; and e. Therefore, legislation is appropriate to facilitate the establishment of trusts to supplement and augment assistance provided by government entities to persons with severe chronic disabilities and persons who are disabled under the federal Social Security Act. L.2000,c.96,s.1.
NJ Rev Stat § 3B:11-37 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:11-37 - Establishing an OBRA '93 trust

3B:11-37. Establishing an OBRA '93 trust  3. a. As used in this section "OBRA '93 trust" means a trust established pursuant to 42 U.S.C. s.1396p(d)(4)(A) or an account within a pooled trust pursuant to 42 U.S.C. s.1396p(d)(4)(C). b. Upon the request of an interested party, a court may establish an OBRA '93 trust for a person who is disabled as defined in section 1614(a)(3) of the federal Social Security Act (42 U.S.C. s.1382c (a)(3)), whether or not the person is an incapacitated person as defined in N.J.S.3B:1-2, and may direct that the assets of the person with a disability be placed in the OBRA '93 trust. c. Prior to establishing an OBRA '93 trust for a person with a disability who is incapacitated, the court shall consider the factors listed in N.J.S.3B:12-3. d. Prior to establishing an OBRA '93 trust for a person who is a minor, the court shall consider the applicable Rules of Court and State law relating to the handling of funds for a minor, including, but not limited to, the provisions of N.J.S.3B:15-16 and N.J.S.3B:15-17. e. Nothing in this section shall be construed to preclude an OBRA '93 trust from being created by any person in addition to a court as would be consistent with 42 U.S.C. s.1396p(d)(4). f. Notwithstanding any provision or principle of law to the contrary, a beneficiary, grantor, trustee or other person shall not have authority to revoke an OBRA '93 trust. This provision shall apply whether or not an OBRA '93 trust instrument designates the trust as irrevocable or whether the OBRA '93 trust was created by a court or otherwise. L.2000,c.96,s.3.
NJ Rev Stat § 3B:12-1 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-1 - Power of the court to order a protective arrangement.

3B:12-1 Power of the court to order a protective arrangement.  3B:12-1. Power of the court to order a protective arrangement. If it is established that a minor, an incapacitated person or an alleged incapacitated person or a person not yet in being has property or an interest therein which may be wasted or dissipated or that a basis exists for affecting the property or interest and affairs of a minor, an incapacitated person or an alleged incapacitated person or person not yet in being, or that funds are needed for the support, care and welfare of the minor, incapacitated person or alleged incapacitated person or those entitled to be supported by him, the court may, subject to the appointment of a guardian ad litem and upon notice to the guardian ad litem, without appointing a guardian of the estate, authorize, direct or ratify any single or more than one transaction necessary or desirable to achieve any security, service, care or protective arrangement meeting the foreseeable needs of the minor, incapacitated person or alleged incapacitated person or those dependent upon him. Amended 2005, c.304, s.1.
NJ Rev Stat § 3B:12-2 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-2 - Matters within a protective arrangement.

3B:12-2 Matters within a protective arrangement.  3B:12-2. Matters within a protective arrangement. Protective arrangements include, but are not limited to, payment, delivery, deposit or retention of funds or property, sale, mortgage, lease or other transfer of property, entry into an annuity contract, a contract for life care, a deposit contract, a contract for training and education, addition to, or establishment of, a suitable trust. The court may authorize, direct or ratify any contract, trust or other transaction relating to the minor's, incapacitated person's, alleged incapacitated person's or person's not yet in being financial affairs or involving the estate if the court determines that the transaction is in the best interests of the minor, incapacitated person, alleged incapacitated person or person not yet in being or those dependent upon him. Amended 2005, c.304, s.2.
NJ Rev Stat § 3B:12-3 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-3 - Factors to be considered before approving a protective arrangement.

3B:12-3 Factors to be considered before approving a protective arrangement.  3B:12-3. Factors to be considered before approving a protective arrangement. Before approving a protective arrangement or other transaction the court shall consider the interests of creditors and dependents of the minor, incapacitated person or alleged incapacitated person and, in view of his disability, whether the minor, incapacitated person or alleged incapacitated person needs the continuing protection of a guardian. Amended 2005, c.304, s.3.
NJ Rev Stat § 3B:12-4 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-4 - Appointment of special guardian.

3B:12-4 Appointment of special guardian.  3B:12-4. Appointment of special guardian. The court may appoint a special guardian to assist in the accomplishment of any protective arrangement or other transaction authorized under this article who shall have authority conferred by the order and shall serve until discharged by the order after reporting to the court of all matters done pursuant to the order of appointment. If the court has appointed a special guardian to assist in the accomplishment of a protective arrangement pursuant to this section, the special guardian shall be entitled to receive reasonable fees for his services, as well as reimbursement of his reasonable expenses, upon application to the court, payable by the estate of the minor, incapacitated person or alleged incapacitated person. Amended 2005, c.304, s.4.
NJ Rev Stat § 3B:12-5 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-5 - Right of alleged incapacitated person to trial on issue of incapacity.

3B:12-5 Right of alleged incapacitated person to trial on issue of incapacity.  3B:12-5. Right of alleged incapacitated person to trial on issue of incapacity. Where application is made to the court for proceedings to affect the property and affairs of an alleged incapacitated person, and the alleged incapacitated person has not been adjudicated as such, the alleged incapacitated person or someone acting in his behalf may apply for a trial of the issue of incapacity in accordance with N.J.S.3B:12-24 and the Rules Governing the Courts of the State of New Jersey. Amended 2005, c.304, s.5.
NJ Rev Stat § 3B:12-6 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-6 - Circumstances under which money may be paid or personal property delivered.

3B:12-6 Circumstances under which money may be paid or personal property delivered.  3B:12-6. Circumstances under which money may be paid or personal property delivered. Any person under a duty to pay or deliver money or personal property to a minor may perform this duty, in amounts not exceeding $5,000.00 per annum, by paying or delivering the money or property to: a. The minor, if married;  b. A parent or parents of the minor;  c. Any person having the care and custody of the minor with whom the minor resides; d. A guardian of the person of the minor; or e. A financial institution incident to a deposit in a federally insured savings account in the sole name of the minor and giving written notice of the deposit to the minor. Amended 2005, c.304, s.6.
NJ Rev Stat § 3B:12-7 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-7 - When payment of money or delivery of property prohibited

3B:12-7. When payment of money or delivery of property prohibited  The payment of money or delivery of personal property under N.J.S. 3B:12-6 shall not be made if the person making payment or delivery has actual knowledge that a guardian of the estate of the minor has been appointed or that an action for the appointment of a guardian of the estate of the minor is pending. L.1981, c. 405, s. 3B:12-7, eff. May 1, 1982.
NJ Rev Stat § 3B:12-8 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-8 - Application of money and property; reimbursement for out-of-pocket expenses

3B:12-8. Application of money and property; reimbursement for out-of-pocket expenses  The persons, other than the minor or any financial institution under subsection e. of N.J.S. 3B:12-6, receiving money or property for a minor, are obligated to apply so much or all of the money or the income or proceeds of the property for the support, maintenance, education, general use and benefit of the minor in the manner, at the time or times and to the extent that those persons, in an exercise of reasonable discretion, deem suitable and proper, with or without court order, with due regard to the duty and ability of themselves or of any other person to support the minor, and with or without regard to any other funds, income or property which may be available for that purpose. But those persons may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support. L.1981, c. 405, s. 3B:12-8, eff. May 1, 1982.
NJ Rev Stat § 3B:12-9 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-9 - Preservation of excess sums; payment and delivery to minor upon attaining 18 years of age

3B:12-9. Preservation of excess sums; payment and delivery to minor upon attaining 18 years of age  Any excess sums shall be preserved for future support of the minor and any balance not so used and any property received for the minor must be turned over to the minor when he attains 18 years of age. L.1981, c. 405, s. 3B:12-9, eff. May 1, 1982.
NJ Rev Stat § 3B:12-10 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-10 - Persons paying money or delivering property not liable for application

3B:12-10. Persons paying money or delivering property not liable for application  Persons who pay or deliver in accordance with provisions of this article are not responsible for the proper application thereof. L.1981, c. 405, s. 3B:12-10, eff. May 1, 1982.
NJ Rev Stat § 3B:12-11 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-11 - Affidavit of receipt; contents; filing.

3B:12-11 Affidavit of receipt; contents; filing.  3B:12-11. Affidavit of receipt; contents; filing. The persons making payment of money or delivery of personal property as provided in this article shall obtain from the recipient thereof, if other than a financial institution or a married minor, an affidavit signed by the recipient acknowledging receipt of the money or personal property which shall set forth the recipient's status in relation to the minor and the purpose for which the money or personal property will be used. The affidavit shall be filed in the office of the Surrogate of the county in which the minor resides or if the minor resides outside the State, the county which has jurisdiction of the property. Amended 2005, c.304, s.7.
NJ Rev Stat § 3B:12-12 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-12 - Jurisdiction of surrogate to appoint guardians for minors

3B:12-12. Jurisdiction of surrogate to appoint guardians for minors  In the appointment of guardians for minors, the surrogate's court of the county in which the minor may reside or if he is nonresident, then the county in which he may have real or personal estate, shall have and exercise the same powers as the Superior Court. L.1981, c. 405, s. 3B:12-12, eff. May 1, 1982.
NJ Rev Stat § 3B:12-13 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-13 - Power to designate testamentary guardian.

3B:12-13 Power to designate testamentary guardian.  3B:12-13. Power to designate testamentary guardian. Subject to the provisions of N.J.S.3B:12-14, either parent may, by his will, appoint a guardian of the person and a guardian of the estate, or a guardian of the person and estate, of any of the parent's children, including children en ventre sa mere, who are under the age of 18 years and unmarried at the death of the parent. Amended 2005, c.304, s.8.
NJ Rev Stat § 3B:12-14 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-14 - Consent of surviving parent; formal requisites

3B:12-14. Consent of surviving parent; formal requisites  Where an appointment is made under N.J.S. 3B:12-13 and the other parent survives the appointing parent, the appointment shall be effective only when the surviving parent, at or before the issuance of the letters, consents thereto in writing and signs and acknowledges the consent in the presence of two witnesses present at the same time who subscribe their names as witnesses thereto in his presence. L.1981, c. 405, s. 3B:12-14, eff. May 1, 1982.
NJ Rev Stat § 3B:12-15 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-15 - Appointment of testamentary guardian by surviving parent.

3B:12-15 Appointment of testamentary guardian by surviving parent.  3B:12-15. Appointment of testamentary guardian by surviving parent. If no guardian has been appointed pursuant to N.J.S.3B:12-13 and N.J.S.3B:12-14, or if the surviving parent was so appointed, the surviving parent may, by his will, appoint a guardian of the person and a guardian of the estate, or a guardian of the person and estate, of any of the parent's children, including children en ventre sa mere, who are under the age of 18 years and unmarried at the death of the surviving parent. Amended 2005, c.304, s.9.
NJ Rev Stat § 3B:12-16 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-16 - Bond of testamentary guardian.

3B:12-16 Bond of testamentary guardian.  3B:12-16. Bond of testamentary guardian. Before receiving his letters, a testamentary guardian of a minor shall give bond in accordance with N.J.S.3B:15-1 et seq., unless the guardian is relieved from doing so by direction of the will of the parent appointing the guardian or by order of the court. However, regardless of the direction, the guardian shall, with respect to property to which the ward is or shall be entitled from any source, other than the parent or other than any policy of life insurance upon the life of the parent, give bond in accordance with that section before exercising any authority or control over the property. The provisions of this section relieving a testamentary guardian of a minor from giving bond by direction of the will of the parent shall not apply to a testamentary guardian of a minor with a developmental disability. Such guardian shall be bonded pursuant to paragraph (1) of subsection i. of N.J.S.3B:15-1, unless the guardian is relieved from doing so pursuant to paragraph (2) of subsection i. of N.J.S.3B:15-1.  Amended 2005, c.304, s.10, 2009, c.140, s.2.
NJ Rev Stat § 3B:12-17 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-17 - Determination into fitness of a testamentary guardian of a minor's person

3B:12-17. Determination into fitness of a testamentary guardian of a minor's person  If a will appointing a testamentary guardian of the person of a minor has been or is to be probated in the surrogate's court of any county or the Superior Court, the Superior Court may, in an action brought upon notice to the guardian named in the will, inquire into the present custody of the minor, and make an order touching the testamentary guardianship as may be for the best interest and welfare of the minor. L.1981, c. 405, s. 3B:12-17, eff. May 1, 1982.
NJ Rev Stat § 3B:12-18 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-18 - Effect of a testamentary appointment

3B:12-18. Effect of a testamentary appointment  The appointment of a testamentary guardian of the person or estate of a minor or his estate shall be good and effectual against any other person claiming the guardianship over or custody of the minor or his estate, as the case may be. L.1981, c. 405, s. 3B:12-18, eff. May 1, 1982.
NJ Rev Stat § 3B:12-19 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-19 - Guardian for property of nonresident minor

3B:12-19. Guardian for property of nonresident minor  Where a nonresident minor has property within this State, the Superior Court may appoint a guardian of the minor to administer his property. The surrogate's court shall have concurrent authority to appoint a guardian for the property within the county. The Superior Court has, with respect to the property, the same authority and control over him which it would have over a guardian of the estate of a resident minor. In any case not provided for by statute, it shall take any action in the matter as it shall deem most for the advantage of the minor. L.1981, c. 405, s. 3B:12-19, eff. May 1, 1982.
NJ Rev Stat § 3B:12-20 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-20 - Special guardian for consent to enlist; bond; fees

3B:12-20. Special guardian for consent to enlist; bond; fees  When any minor, who is of an age that the consent of his parent or guardian is necessary to enable him to enlist in the armed forces of the United States, desires to enlist in the armed forces of the United States and has no parent or guardian entitled to his custody and control available to sign the written consent required for the enlistment, letters of special guardianship may be granted by the surrogate's court of the county in which the minor resides, or the Superior Court, empowering the special guardian to give his written consent to the enlistment but limiting his authority and duty to that purpose. The guardian shall give consent only if he deems the enlistment advisable. A bond shall not be required from the guardian, and neither the clerk of the Superior Court nor the surrogate shall collect any fee or charge in connection with the action for the appointment of the guardian. L.1981, c. 405, s. 3B:12-20, eff. May 1, 1982.
NJ Rev Stat § 3B:12-21 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-21 - Persons entitled to appointment

3B:12-21. Persons entitled to appointment  In an action for the appointment of a guardian of the person, guardian of the estate, or a guardian of the person and estate of a minor, the surrogate's court of the county wherein he resides or, if he is a nonresident, where his real or personal estate may be, or the Superior Court, upon inquiry into the circumstances, may appoint the parents or either of them or the survivor of them as the guardian of the person, guardian of the estate or guardian of the person and estate of the minor. If neither parent or the survivor of them will accept the guardianship, then the heirs, or some of them, may be appointed as guardian. If none of the heirs will accept the guardianship, then some other person shall be appointed as the guardian of the person, guardian of the estate or as guardian of the person and estate of the minor. This section shall not be construed to restrict the power of the court to appoint a substitute guardian on the application of the minor or otherwise. L.1981, c. 405, s. 3B:12-21, eff. May 1, 1982.
NJ Rev Stat § 3B:12-22 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-22 - Appointment when heirs are nonresidents

3B:12-22. Appointment when heirs are nonresidents  When it shall appear to the Superior Court, or surrogate's court that the heirs of a minor residing in this State do not reside within this State, the court may take any action in respect to the appointment of a guardian of the person, guardian of the estate or as guardian of the person and estate for the minor as shall be to his advantage. L.1981, c. 405, s. 3B:12-22, eff. May 1, 1982.
NJ Rev Stat § 3B:12-23 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-23 - Guardian for child of absconding or absent parent

3B:12-23. Guardian for child of absconding or absent parent  If a resident of this State has or shall abscond or absent himself from the State, leaving a child under the age of 18 without sufficient provision for his maintenance and education, the surrogate of the county wherein the child resides, or the Superior Court, may appoint a guardian for his person or estate or both. The Superior Court may revoke the appointment when it shall appear proper. L.1981, c. 405, s. 3B:12-23, eff. May 1, 1982.
NJ Rev Stat § 3B:12-24 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:12-24 - Issue of incapacity triable without jury unless jury is demanded.

3B:12-24 Issue of incapacity triable without jury unless jury is demanded.  3B:12-24. Issue of incapacity triable without jury unless jury is demanded. In civil actions or proceedings for the determination of incapacity or for the appointment of a guardian for an alleged incapacitated person, the trial of the issue of incapacity may be had without a jury pursuant to Rules Governing the Courts of the State of New Jersey, unless a trial by jury is demanded by the alleged incapacitated person or someone on his behalf.  Amended 2005, c.304, s.11.