Revises and updates law pertaining to conservatorship to encourage ethical conduct by conservators and to provide stronger protections for conservatees and proposed conservatees.

S3478

SENATE, No. 3478

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 12, 2026

Sponsored by:

Senator� JAMES BEACH

District 6 (Burlington and Camden)

SYNOPSIS

���� Revises and updates law pertaining to conservatorship
to encourage ethical conduct by conservators and to provide stronger
protections for conservatees and proposed conservatees.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning conservatorship arrangements and amending
various sections of the New Jersey Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� N.J.S.3B:13A-1 is
amended to read as follows:

���� 3B:13A-1.�
[
a.
]
�
"Conservatee" means a person who has not been
[
adjudicated
]

adjudged
to be
incapacitated
,
but who
,
by reason of advanced age,
illness, or physical infirmity,
[
is
]

has been
found by a court to be
unable to care for or manage property or
[
has become
]

to be

unable to provide self-support or support for others who depend upon that
support.

����
[
b.
]
� "Conservator" means a
person appointed by the court to manage the estate of a conservatee.

����
�Conservatorship� means an
arrangement, ordered by the court, pursuant to which a conservator is
authorized to manage the estate of a conservatee.

����
�Proposed conservatee�
means a person who is alleged to be unable to care for or manage property, or
to be unable to provide self-support or support for others who depend on such
support, due to advanced age, illness, or physical infirmity, but who is not
yet subject to a conservatorship established by the court.

(cf: P.L.2013, c.103, s.40)

���� 2.��� N.J.S.3B:13A-2 is
amended to read as follows:�

���� 3B:13A-2.�
a.
�The
Superior Court
[
may
]
, in a civil
action brought
[
by
the conservatee or some other person in his behalf
]

pursuant to this chapter
,

may
appoint a conservator to manage the estate of a conservatee
[
, except that
if
]
.�

����
b.��� A civil action for
conservatorship may be brought either by the proposed conservatee or by another
person, identified in N.J.S.3B:13A-5, who is acting on behalf of the proposed
conservatee.�

����
c.���� In any case in which

the
proposed
conservatee objects to the imposition of a conservatorship,
a conservator shall not be appointed.

(cf: P.L.1983, c.192, s.1)

���� 3.��� N.J.S.3B:13A-3 is
amended to read as follows:

���� 3B:13A-3.�
a.� A
conservatee or proposed conservatee shall be represented by counsel throughout
the course of conservatorship proceedings and, if a conservatorship is
established, until such time as the conservatorship is terminated.�

����
b.��� Counsel shall
personally interview the conservatee or proposed conservatee, as the case may
be, not more than 72 hours before each scheduled hearing related to
conservatorship, and shall certify to the court that the interview has been
performed.�

����
c.���� If the conservatee
or proposed conservatee is, at any time, not represented by counsel and is
unable to afford counsel, the

[
The
]
court shall
[
have the right
to
]

appoint counsel
[
for
the proposed conservatee if it believes that counsel is necessary to adequately
protect the interests of the conservatee
]

therefor
.

(cf: P.L.1983, c.192, s.1)

���� 4.��� N.J.S.3B:13A-4 is
amended to read as follows:

���� 3B:13A-4.�
[
The
]

A

conservatee
or proposed conservatee
shall be present at
[
the
]

each

hearing
relating to the conservatorship
unless
[
he
]

the person

is unable to attend by reason of physical or other inability
[
, and that
inability is
]

established to the satisfaction of the court.�
[
If
]

Whenever it is alleged that

the conservatee
or proposed conservatee
is
[
found to be
]
unable to
attend
a hearing related to the conservatorship
, the court shall,
subject to
[
rules
of court
]

the Rules of Court
, order an investigation to be conducted to
[
assure
]

confirm
that
the conservatee
[
does
not object to the conservatorship unless
]

or proposed conservatee is incapable of attending the hearing.� An
investigation shall be ordered and conducted, pursuant to this section,
regardless of whether
the court believes
[
,
in its discretion,
]

that the interests of the conservatee
or proposed conservatee
are
adequately
represented and
protected by counsel
[
representing
the conservatee
]
.

(cf: P.L.1983, c.192, s.1)

���� 5.��� N.J.S.3B:13A-5 is
amended to read as follows:

���� 3B:13A-5.�
[
By whom action
for appointment of conservator in behalf of conservatee may be brought.� An
]

A civil

action for the appointment of a conservator may be brought by the
proposed

conservatee
,
as provided in
[
section
]

N.J.S.
3B:13A-2
,

or
[
in
]

may be
brought, on
the
proposed
conservatee's behalf
,
by:�

���� a.����
[
His
]

the

spouse
of the proposed conservatee
;

���� b.���
[
His
]

the

adult children
of the proposed conservatee
or, where there are
[
none
]

no adult
children
, the person or persons
who are
closest in degree of kinship
to the
proposed
conservatee;

���� c.����
[
Any person
having concern for the financial or personal well-being of the conservatee;
]

(Deleted
by amendment,
P.L. , c. ) (pending
before the Legislature as this bill)

���� d.���
[
A
]

a

public agency or a social services official of the State or
[
of the
]
county in
which the
proposed
conservatee resides
,
regardless of whether or
not the
proposed
conservatee is a recipient of public assistance;
[
or
]

���� e.����
[
The
]

the

chief administrator of a State licensed hospital, school
,
or institution
in which the
proposed
conservatee is a patient or from which
[
he
]

the
proposed conservatee
receives services
[
.
]
; or

���� f.����
[
The
]

the

chief administrator of a non-profit charitable institution in which the
proposed

conservatee is a patient or from which
[
he
]

proposed
conservatee
receives services.

(cf: P.L.1989, c.329, s.1)

���� 6.��� N.J.S.3B:13A-6 is
amended to read as follows:

���� 3B:13A-6.� Notice of the
action to appoint a conservator shall be served upon the following persons:

���� a.���� The
proposed

conservatee unless he is the plaintiff;

���� b.��� The spouse and adult
children of the
proposed
conservatee or, where there are
[
none
]

no adult
children
,
[
upon
]
the person or
persons
who are
closest in degree of kinship to the
proposed

conservatee;
and

���� c.���� The person with whom
the conservatee resides
[
,
]
or
,
if
the conservatee resides in an institution,
[
upon
]
the chief
administrator of that institution.

(cf: P.L.1983, c.192, s.1)

���� 7.��� N.J.S.3B:13A-7 is
amended to read as follows:

���� 3B:13A-7. The persons
receiving notice pursuant to N.J.S.3B:13A-6
[
may,
upon approval of the court and in the interest of the conservatee,
]

shall be
entitled to
appear
at all hearings
and be heard
[
concerning
]

on
all
matters relating to the conservatorship.
When making any material
determination related to the conservatorship, the court shall consider, and
shall determine the relevance and credibility of, and the weight to be given
to, any testimony or other evidence provided by such persons.
�

(cf: P.L.1983, c.192, s.1)

���� 8.��� N.J.S.3B:13A-17 is
amended to read as follows:

���� 3B:13A-17.�
[
A
]
�
a.� At
time intervals ordered by the court, but not less often than every six months
during the course of a conservatorship, the
conservator
[
may, and if
required by the court
]

shall
[
,
]
file with the
clerk of the court
, under oath:

����
(1)
�� an inventory
[
, under oath,
of
]

identifying
and appraising
all
of
the real and personal property
[
which
]

that

has come into
[
his
]

the
conservator�s
hands or control or
has come
into the hands of any
other person
[
for
him
]
,
on the conservator�s behalf, during the reporting period, under the auspices of
the established conservatorship arrangement; and

����
(2)�� a formal accounting
showing each expenditure and disbursement that has been made by the conservator
from the conservatee�s estate during the reporting period
.�

����
b.
��� The court shall
not require an
initial
inventory and
[
appraisement
]

accounting
statement
to be filed
under this section
until
[
3
]

at least
three
months have elapsed after the grant of letters
of conservatorship
.

����
c.���� The court shall
review the inventories and accounting statements submitted pursuant to this
section, on at least an annual basis, to ensure that the conservator is
properly fulfilling the conservator�s duties with respect to the conservatee
and is operating in a manner consistent with the conservatee�s best interests.�
The court may, at any time, and shall, whenever an inventory or formal
accounting submitted pursuant to this section indicates that the conservator
may not be properly fulfilling the conservator�s duties or acting in the
conservatee�s best interests, appoint a third-party to interview the
conservatee and conservator and to undertake any other investigation the court
may direct.

(cf: P.L.1983, c.192, s.1)

���� 9.��� N.J.S.3B:13A-18 is
amended to read as follows:

���� 3B:13A-18.�
a.
�A
conservator may expend or distribute so much or all of the income or principal
of the conservatee for
[
his
]

the

support, maintenance, education,
care,
general use
,
and benefit
[
and for the
support, maintenance, education, general use and benefit
]
of
[
his
]

the
conservatee and the conservatee�s
dependents
and other household members
,
in the manner, at the time or times
,
and to the extent
,
that the
conservator, in an exercise of a reasonable discretion, deems suitable and
proper,
taking into account the requirements of the �Prudent Investor Act,�
P.L.1997, c.36 (C.3B:20-11.1 et seq.) and the considerations specified in
N.J.S.3B:13A-19 and N.J.S.3B:13A-20.�

����
b.��� The expenditure or
distribution of funds pursuant to this section may occur either
with or
without court order
[
,
with or without regard to the duty or ability of
]
.�

����
c.���� In expending or
distributing funds pursuant to this section, the conservator shall be
authorized, but not required, to consider:

����
(1)�� whether
any
other

person
has the duty or ability
to support or provide for the conservatee
[
,
]
;
and
[
with or
without regard to
]

����
(2)�� whether there are

any other
sources of
funds, income
,
or property
[
which may be
]
available for

[
any
of those
]

the
purposes
specified in this section.

����
d.��� All decisions made by
a conservator with respect to the expenditure or distribution of funds pursuant
to this section shall be consistent with the conservatee�s best interests and
the specified wishes and preferences of the conservatee, to the extent that the
conservatee retains the capacity to express such wishes and preferences
.

(cf: P.L.1983, c.192, s.1)

���� 10.� N.J.S.3B:13A-19 is
amended to read as follows:

���� 3B:13A-19.�����
a.
In
making expenditures
[
under
]

and
distributions pursuant to
N.J.S.3B:13A-18, a conservator shall consider
any

recommendations relating to the
[
appropriate
standard of
]

expenditure and distribution of funds for the
support, education
,
care, general use,
and benefit
[
for
]

of
the
conservatee
, the conservatee�s dependents, and other members of the
conservatee�s household, which are
made by any
[
party set forth
]

person
listed
in N.J.S.3B:13A-6.�
[
He
may not be surcharged
]

����
b.��� The conservator shall
be subject to pay a penalty surcharge
for
any
sums
that are

paid
or distributed thereby, pursuant to the recommendation of a person
listed in N.J.S.3B:13A-6,
to persons or organizations actually furnishing
support, education
,
or care to the conservatee
[
pursuant to
the recommendations of a parent, spouse
,
or heir of the conservatee
unless he
]

if the recommendation resulting in the payment or distribution is clearly
not in the ward�s best interests or the conservator
knows that the
[
parent, spouse
,

or heir of the conservatee
]

person making the recommendation
is deriving personal financial benefit
therefrom
[
,
or unless the recommendations are clearly not in the best interests of the
conservatee
]
.

(cf: P.L.1983, c.192, s.1)

���� 11.� N.J.S.3B:13A-20 is
amended to read as follows:

���� 3B:13A-20. In
[
making
expenditures under
]

addition to considering the recommendations of the persons listed in

N.J.S.3B:13A-6
as provided by N.J.S.3B:13A-19
,
[
the
]

whenever a

conservator
[
shall
expend or distribute sums reasonably necessary
]

makes an expenditure or distribution of funds
for the support,
education, care
, general use,
or benefit of the conservatee
[
with
]
, the
conservatee�s dependents, or other members of the conservatee�s household, the
conservator shall give
due regard to:

���� a.����
[
The
]
�
the
size
of the conservatee's estate;

���� b.���
[
The
]
�
the

probable duration of the conservatorship and the likelihood that the
conservatee, at some future time, may be fully able to manage
[
his
]

the
conservatee�s own
affairs and the estate
[
which
]

that

has been conserved for
[
him
]

the
conservatee
;
[
and
]

���� c.����
[
The
]
�
the

accustomed standard of living of the conservatee
, the conservatee�s
dependents,
and
other
members of
[
his
]

the
conservatee�s
household
;

����
d.��� the best interests of
the conservatee; and

����
e.���� the wishes and
preferences of the conservatee, to the extent that the conservatee is capable
of expressing those wishes and preferences
.

(cf: P.L.1983, c.192, s.1)

���� 12.� N.J.S.3B:13A-27 is
amended to read as follows:

���� 3B:13A-27.�
[
The
]

A

conservator shall
[
present
to
]

annually
provide
the conservatee
with
an
[
annual
]
informal
report or accounting
statement
setting forth the
[
collection and
disposition of
]

income and other assets within the conservator's control
that have been
collected and expended or otherwise distributed by the conservator during the
preceding year
.� The annual informal report or accounting
statement

shall
also
be filed with the court and
made
available
, upon
request,
for inspection by any party set forth in N.J.S.3B:13A-6.�
[
In addition,
the court may order, upon a showing of good cause by the conservatee, a full
accounting by the conservator of all the conservatee's assets within the
conservator's control
]
�

The annual informal report or statement distributed by a conservator under
this section shall be supplemental to the formal inventories and accounting
statements that are submitted to the court, under oath, pursuant to
N.J.S.3B:13A-17
.

(cf: P.L.1983, c.192, s.1)

���� 13.� N.J.S.3B:13A-32 is
amended to read as follows:

���� 3B:13A-32.� If
[
the exercise
of power concerning the estate is
]

a court finds that a conservator has breached the conservator�s fiduciary
duties to the conservatee by taking an action that is outside the scope of the
conservatorship arrangement or that violates the rights of the conservatee,
contradicts or violates the conservatee�s best interests, or is otherwise
deemed by the court to be
improper
for a fiduciary
, the conservator
[
is
]

shall be

liable to the conservatee or
other
interested persons for damage or loss
resulting from breach of
[
his
]
fiduciary
duty to the same extent as a trustee of an express trust.

(cf: P.L.1983, c.192, s.1)

���� 14.� This act shall take
effect immediately.

STATEMENT

���� This bill revises the law
pertaining to conservatorship arrangements in order to encourage ethical
conduct by conservators and provide stronger protections for conservatees and
proposed conservatees.� Specifically, the bill makes the following substantive
changes to strengthen the existing conservatorship law:

���� Existing law requires a court
to appoint counsel for a proposed conservatee only if it believes that counsel
is necessary to adequately protect the conservatee�s interests.� The bill would
amend the law to require a conservatee or proposed conservatee to be
represented by counsel throughout the course of conservatorship proceedings
and, if a conservatorship is established, until such time as the
conservatorship is terminated.� The bill would further require counsel to
personally interview the conservatee or proposed conservatee not more than 72
hours before each scheduled hearing related to conservatorship and certify to
the court that the interview has been performed.� If the conservatee or
proposed conservatee is, at any time, not represented by counsel and is unable
to afford counsel, the court will be required to appoint counsel for the
person.

���� Existing law requires a
conservatee or proposed conservatee to be present at each hearing relating to
the conservatorship unless the person is unable to attend by reason of physical
or other inability established to the court�s satisfaction.� If it is alleged
that the conservatee or proposed conservatee is unable to attend, the existing
law requires the court to order an investigation unless the court believes, in
its discretion, that the interests of the conservatee are adequately protected
by counsel.� The bill would amend the existing law to require a court to order
an investigation in any case where it is alleged that the conservatee or
proposed conservatee is unable to attend the hearing in order to verify that
the conservatee or proposed conservatee is, in fact, incapable of attending the
hearing.� The investigation is to be ordered regardless of whether the court
believes that the interests of the conservatee or the proposed conservatee are
adequately represented and protected by counsel.

���� Existing law authorizes a
civil action for conservatorship to be filed either by the proposed conservatee
or by one of the following individuals:� 1) the spouse of the conservatee; 2)
the adult children of the conservatee or, if there are no adult children, the
person or persons who are closest in degree of kinship to the conservatee; 3) a
public agency or social services official of the State or county in which the
conservatee resides; 4) the chief administrator of a State licensed hospital,
school, or institution in which the conservatee is a patient or from which the
conservatee receives services; or 5) any other person having concern for the
financial or personal well-being of the conservatee.� The bill would amend the
law to remove the catch-all provision that allows a civil action to be filed by
any person who has concern for the financial or personal well-being of the
conservatee.�

���� The bill provides that every
person who is entitled by law to receive notice of a conservatorship
proceeding, including:� 1) the proposed conservatee; 2) the spouse and adult
children of the conservatee or, if there are no adult children, the person or persons
closest in degree of kindship to the conservatee; and 3) the person with whom
the conservatee resides or, if the conservateee resides in an institution, the
chief administrator of that institution, are entitled to appear at all hearings
and be heard on all matters relating to the conservatorship.� Existing law
authorizes such persons to appear at hearings and be heard on matters related
to the conservatorship only if the court approves of such action and deems it
to be in the interest of the conservatee.� Although the bill would entitle
these persons to appear and present testimony and other evidence, it would
preserve the court�s ability to use its discretion in determining the relevance
and credibility of, and the weight to be given to, the testimony and evidence.�

���� Existing law provides for a
conservator to file with the clerk of court, under oath, an inventory
identifying and appraising all of the real and personal property that has come
into the conservator�s hands or control or has come into the hands of any other
person, on the conservator�s behalf; however, such inventory need only be
submitted if the court expressly requires such reporting.� The court is not
currently required, by existing law, to review any inventory that is filed
therewith.� The bill would amend the existing law to require a conservator, in
all cases, to file with the clerk of court, under oath, at time intervals
ordered by the court, but not less often than every six months during the
course of a conservatorship, the inventory required by existing law, as well as
a formal accounting that shows each expenditure and disbursement that has been
made by the conservator from the conservatee�s estate during the reporting
period.� The bill would further require the court to review the inventories and
accounting statements submitted pursuant to the bill, on at least an annual
basis, in order to ensure that the conservator is properly fulfilling the
conservator�s duties with respect to the conservatee and is operating in a
manner consistent with the conservatee�s best interests.� The bill authorizes
the court, at any time, and requires the court, whenever an inventory or formal
accounting indicates that the conservator may not be properly fulfilling the
conservator�s duties or acting in the conservatee�s best interests, to appoint
a third-party to interview the conservatee and conservator and to undertake any
other investigation the court may direct.

���� The bill would clarify that a
conservator will also be required to annually provide, to the conservatee and
the court, an informal report or accounting statement setting forth the income
and other assets within the conservator�s control that have been collected and
expended or otherwise distributed by the conservator during the preceding
year.� This informal report or accounting statement will be supplemental to the
formal inventory and accounting statements that are to be submitted to the
court, under oath, at least every six months under the bill.

���� The bill would require a
conservator, when expending or distributing funds from the conservatee�s
estate, to take into account the requirements of the �Prudent Investor Act,�
P.L.1997, c.36 (C.3B:20-11.1 et seq.).� The bill also specifies that the conservator
will be required to give due regard to, and to take actions that are consistent
with, the ward�s best interests and the ward�s expressed wishes and
preferences, to the extent that the ward is capable of expressing those wishes
and preferences.

���� Although existing law already
provides that a conservator will be liable to the conservatee or other
interested parties, to the same extent as a trustee of an express trust, whenever
the exercise of a conservator�s power is improper, the bill would clarify this
provision by providing a list of examples of instances where a conservator�s
exercise of power is improper.� Specifically, the bill provides that a
conservator will be liable to the same extent as a trustee of an express trust
whenever a court finds that the conservator has breached his or her fiduciary
duties by taking an action that is outside the scope of the conservatorship
arrangement or that violates the rights of the conservatee, contradicts or
violates the conservatee�s best interests, or is otherwise deemed by the court
to be improper for a fiduciary.

���� Finally, the bill amends the
existing conservatorship law to modernize and clarify the existing language and
paragraph and sentence structure and ensure that appropriate language is used
consistently, and is presented in an active and direct voice, throughout the
law.��