New Jersey § 3b:12b-3
Full text of New Jersey New Jersey Statutes § 3b:12b-3, with citation guidance and answers to common questions.
§ 3b:12b-3.
As used in P.L.2012, c. 36 ( C.3B:12B-1 et al.), unless otherwise defined: a. “ Adult ” means a person at least 18 years of age. b. “ Conservatee ” means, as used in this State, 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 his property or has become unable to provide for himself or others dependent
upon him for support. c. “ Conservator ” means a person appointed by the court to administer the property of an adult who
has not been adjudicated incapacitated, including a person appointed, as appropriate,
under N.J.S.3B:13A-1 et seq. d. “ Court of this State ” means the Superior Court of New Jersey. e. “ Guardian ” means a person appointed by the court to make decisions regarding the person or
estate of an incapacitated adult, including a person who has qualified as a guardian
of the person or estate, or both, of an incapacitated person pursuant to court appointment
in accordance with N.J.S.3B:12-1 et seq. or its equivalent in a state other than New Jersey. f. “ Guardianship order ” means an order declaring a person incapacitated and appointing a guardian. g. “ Guardianship proceeding ” means a judicial proceeding in which an order for the appointment of a guardian
is sought or has been issued to declare a person incapacitated and to appoint a guardian. h. “ Home state ” means the state in which the respondent was physically present, including any period
of temporary absence, for at least six consecutive months immediately before the filing
of a petition for the appointment of a guardian or a protective order; or if none,
the state in which the respondent was physically present, including any period of
temporary absence, for at least six consecutive months ending within the six months
prior to the filing of the petition. i. “ Incapacitated person ” means an adult declared incapacitated and for whom a guardian has been appointed. j. “ Party ” means the respondent, petitioner or plaintiff, as applicable, guardian, conservator
or conservatee, or any other person authorized by the court to participate in a guardianship
or protective proceeding. k. “ Petition ” means an initiating court document for proceedings under P.L.2012, c. 36 ( C.3B:12B-1 et al.). In New Jersey, a petition shall mean a verified complaint filed with the Superior
Court pursuant to the Rules of Court of the State of New Jersey. l . “ Protected person ” means an adult for whom a protective order has been issued. m. “ Protective order ” means: (1) An order related to an adult who has been declared incapacitated by a court or
for whom such a declaration is sought, including, but not limited to, an arrangement
or order related to management of the incapacitated person's property, which is issued
pursuant to N.J.S.3B:12-1 and N.J.S.3B:12-2 ; or (2) An order appointing a conservator, including, but not limited to, an order which
is issued pursuant to N.J.S.3B:13A-1 et seq. ; or (3) An order to protect a “vulnerable adult” as that term is defined in section 2
of P.L.1993, c. 249 ( C.52:27D-407 ), including, but not limited to, an order which is issued pursuant to the “Adult
Protective Services Act,” P.L.1993, c. 249 ( C.52:27D-406 et seq. ); or (4) An order or arrangement, pursuant to N.J.S.3B:12-1 , for a person for whom a declaration of incapacity is not sought. The term “ protective order ,” as used in P.L.2012, c. 36 ( C.3B:12B-1 et al.), shall not be construed to conflict with the provisions of N.J.S.3B:12-1 through N.J.S.3B:12-4 . n. “ Protective proceeding ” means a judicial proceeding in which a protective order is sought or has been issued. o . “ Record ” means information that is inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable form. p. “ Registration ” means a filing in this State of a guardianship or conservatorship order of another
state, pursuant to the Rules of Court of the State of New Jersey and in accordance
with the provisions of section 19 of P.L.2012, c. 36 ( C.3B:12B-19 ). q. “ Respondent ” means an adult for whom the appointment of a guardian or the issuance of a protective
order is sought. r. “ Significant-connection state ” means a state, other than the home state, with which a respondent has a significant
connection other than mere physical presence and in which substantial evidence concerning
the respondent is available. s. “ State ” means a state of the United States, the District of Columbia, Puerto Rico, the United
States Virgin Islands, a federally recognized Indian tribe, or any territory or insular
possession subject to the jurisdiction of the United States.
Frequently Asked Questions About New Jersey § 3b:12b-3
What does New Jersey Statutes § 3b:12b-3 cover?
Section 3b:12b-3 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:12b-3?
A common citation format is "New Jersey Statutes § 3b:12b-3" (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:12b-3 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.