New Jersey § 3b:11-37
Full text of New Jersey New Jersey Statutes § 3b:11-37, with citation guidance and answers to common questions.
§ 3b:11-37.
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.
Frequently Asked Questions About New Jersey § 3b:11-37
What does New Jersey Statutes § 3b:11-37 cover?
Section 3b:11-37 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 3b:11-37?
A common citation format is "New Jersey Statutes § 3b:11-37" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 3b:11-37 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.