New Jersey § 3b:12b-9

Full text of New Jersey New Jersey Statutes § 3b:12b-9, with citation guidance and answers to common questions.

§ 3b:12b-9.

a. A court of this State has jurisdiction to declare a person incapacitated and appoint

a guardian or issue a protective order for a respondent if: (1) This State is the respondent's home state as defined in section 3 of P.L.2012, c. 36 ( C.3B:12B-3 ); or (2) On the date the petition is filed, this State is a significant-connection state,

as defined in section 3 of P.L.2012, c. 36 ( C.3B:12B-3 ) and determined in accordance with section 10 of P.L.2012, c. 36 ( C.3B:12B-10 ), and: (a) the respondent either does not have a home state or a court of the respondent's

home state has declined to exercise jurisdiction because this State is a more appropriate

forum; or (b) the respondent has a home state, a petition for an appointment or order is not

pending in a court of another state or another significant-connection state, and,

before this State's court acts: (i) a petition for an appointment or order is not filed in the respondent's home state; (ii) an objection to the court's jurisdiction is not filed by a person required to

be notified of the proceeding; and (iii) the court concludes that it is an appropriate forum under the factors set forth

in section 13 of P.L.2012, c. 36 ( C.3B:12B-13 ); (3) Although this State does not have jurisdiction under either subsection a. or b.

of this section, the home state and all significant-connection states have declined

to exercise jurisdiction because this State is the more appropriate forum, and jurisdiction

in this State is consistent with the New Jersey and United States Constitutions;

or b. A court of this State may assume emergency jurisdiction under section 11 of P.L.2012, c. 36 ( C.3B:12B-11 ).

Frequently Asked Questions About New Jersey § 3b:12b-9

What does New Jersey Statutes § 3b:12b-9 cover?

Section 3b:12b-9 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-9?

A common citation format is "New Jersey Statutes § 3b:12b-9" (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-9 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.