By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Guardianship Attorney

In Part 1 we began to look at New Jersey statutes regarding the role of a guardian of an incapacitated person’s estate. In this piece, we will dive a bit deeper.

Aside from the general authority given to a guardian under N.J.S.A. 3B:12-43 to make expenditures for the benefit of the ward, N.J.S.A. 3B:12-44 states:

The guardian of the estate may not be surcharged for sums paid to persons or organizations actually furnishing support, education or care to the ward pursuant to the recommendations of a parent or guardian of the person unless the guardian knows that the parent or the guardian is deriving personal financial benefit therefrom, or unless the recommendations are clearly not in the best interests of the ward.

N.J.S.A. 3B:12-45 also permits a guardian to expend the ward’s estate when “reasonably necessary for the support, education, care of benefit of the ward.”

In my 3rd and final part of our series, we will take a look at the final element(s) of the statute(s) regarding the role of a guardian.

To discuss your NJ Guardianship matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at  Please ask us about our video conferencing consultations if you are unable to come to our office.

TAGS: Attorney, Lawyer, NJ, New Jersey, Guardianship, NJSA 3B:12-36-64, Guardians responsibilities, law governing guardians, guardian’s powers, incapacitated person, NJSA 3B:12-43, NJSA 3B:12-44, NJSA 12-45