New Jersey § 3b:12-25

§ 3b:12-25.

The Superior Court may determine the incapacity of an alleged incapacitated person and appoint a guardian for the person, guardian for the estate or a guardian for the person and estate. Letters of guardianship shall be granted to the spouse or domestic partner as defined in section 3 of P.L.2003, c. 246 ( C.26:8A-3 ) , if the spouse is living with the incapacitated person as man and wife or as a domestic partner as defined in section 3 of P.L.2003, c. 246 (C.26: 8A-3) at the time the incapacitation arose, or to the incapacitated person's heirs , or friends, or thereafter first consideration shall be given to the Office of the

Public Guardian for Elderly Adults in the case of adults within the statutory mandate

of the office, or if none of them will accept the letters or it is proven to the court that no appointment

from among them will be to the best interest of the incapacitated person or the estate, then to any other proper person as will accept the same , and if applicable, in accordance with the professional guardianship requirements

of P.L.2005, c. 370 ( C.52:27G-32 et al.). Consideration may be given to surrogate decision- makers, if any, chosen by the

incapacitated person before the person became incapacitated by way of a durable power

of attorney pursuant to section 4 of P.L.2000, c. 109 ( C.46:2B-8.4 ), health care proxy or advance directive. The Office of the Public Guardian for Elderly Adults shall have the authority to not

accept guardianship in cases determined by the public guardian to be inappropriate

or in conflict with the office.