New Jersey § 52:27g-35
Full text of New Jersey New Jersey Statutes § 52:27g-35, with citation guidance and answers to common questions.
§ 52:27g-35.
a. An inter vivos gift, contract, conveyance, disposition, transfer, trust, change
in beneficiary designation, appointment, or re-titling of an account or property,
or a testamentary instrument affecting an incapacitated adult's money or property
in favor of a registered professional guardian or a family member or business associate
of the registered professional guardian, made or executed, as appropriate, during
the two-year period before the establishment of a guardianship in which the registered
professional guardian is appointed as guardian shall be void, unless the court determines
that: (1) the registered professional guardian or a family member or business associate
of the registered professional guardian who benefits from the inter vivos transaction
or testamentary instrument described in this subsection is a spouse, domestic partner
as defined in section 3 of P.L. 2003, c. 246 ( C.26:8A-3 ) or heir at law of the incapacitated adult; or (2) the registered professional guardian has proved by a preponderance of the evidence
that the inter vivos transaction or testamentary instrument described in this subsection: (a) was not made or executed, as appropriate, when the incapacitated adult was under
the disability that caused the incapacitated adult to be subsequently declared incapacitated; (b) was authorized and not the result of undue influence, fraud, coercion, duress,
deception or misrepresentation; and (c) was reviewed by an independent attorney, who is not associated with the registered
professional guardian or a family member or business associate of the registered professional
guardian, donee, contracting party, transferee, beneficiary, title holder or devisee,
and that: (i) the independent attorney counseled the incapacitated adult about the nature and
consequences of the intended inter vivos transaction or testamentary instrument described
in this subsection; and (ii) the independent attorney certified that the intended inter vivos transaction
or testamentary instrument described in this subsection was not the result of undue
influence, fraud, coercion, duress or misrepresentation. The provisions of this subsection shall not be construed to affect any other right
or remedy that may be available to the incapacitated adult or the estate of the incapacitated
adult with respect to an inter vivos transaction or testamentary instrument described
in this subsection that benefits a registered professional guardian or a family member
or business associate of the registered professional guardian. The provisions of this subsection shall not be construed to invalidate a subsequent
transfer for value to a bona fide transferee from a registered professional guardian
or a family member or business associate of the registered professional guardian. b. A registered professional guardian, unless authorized by a court order after notice
to all interested persons, shall not: (1) loan an incapacitated adult's property or funds to himself or an affiliate; (2) make, revoke or change an incapacitated adult's beneficiary designation to himself
or an affiliate; (3) purchase or participate in the purchase of property from an incapacitated adult's
estate for the professional guardian's own or an affiliate's account or benefit; (4) transfer an incapacitated adult's property or funds by inter vivos transaction
to himself or an affiliate, or receive by operation of survivorship rights any of
an incapacitated adult's property or funds for himself or an affiliate; (5) engage in any transaction involving self-dealing or a conflict of interest concerning
an incapacitated adult's property or funds; or (6) make any renovation to the ward's
real property in an amount greater than $10,000, except that in extraordinary circumstances
involving a catastrophic situation, the guardian may apply ex parte to the Superior
Court for an order permitting the renovation.
Frequently Asked Questions About New Jersey § 52:27g-35
What does New Jersey Statutes § 52:27g-35 cover?
Section 52:27g-35 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 § 52:27g-35?
A common citation format is "New Jersey Statutes § 52:27g-35" (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 § 52:27g-35 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.