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Current as of January 01, 2024 | Updated by Findlaw Staff
A guardian of the estate of a minor or mental incompetent may expend or distribute so much or all of the income or principal of his ward for the support, maintenance, education, general use and benefit of the ward and his dependents, in the manner, at the time or times and to the extent that the guardian, in an exercise of a reasonable discretion, deems suitable and proper, with or without court order, with or without regard to the duty or ability of any person to support or provide for the ward, and with or without regard to any other funds, income or property which may be available for any such purpose, but in accordance with the following principles:
a. The guardian is to consider recommendations relating to the appropriate standard of support, education and benefit for the ward made by a parent or guardian of the person, if any. He 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 he knows that the parent or such guardian is deriving personal financial benefit therefrom, or unless the recommendations are clearly not in the best interests of the ward.
b. The guardian is to expend or distribute sums reasonably necessary for the support, education, care or benefit of the protected person with due regard to (1) the size of the estate, the probable duration of the guardianship and the likelihood that the ward, at some future time, may be fully able to manage his affairs and the estate which has been conserved for him; and (2) the accustomed standard of living of the ward and members of his household.
c. The guardian may expend funds of the estate for the support of persons legally dependent on the ward and others who are members of the ward's household who are unable to support themselves, and who are in need of support.
d. Funds expended under this subsection may be paid by the guardian to any person, including the ward, to reimburse for expenditures which the guardian might have made, or in advance for services to be rendered to the ward when it is reasonable to expect that they will be performed and where advance payments are customary or reasonably necessary under the circumstances.
Cite this article: FindLaw.com - New Jersey Statutes Appendix - Former Title 3A Administration of Estates Decedents and Others 3A § 6-16.18 - last updated January 01, 2024 | https://codes.findlaw.com/nj/appendix-former-title-3a-administration-of-estates-decedents-and-others/nj-st-sect-3a-6-16-18/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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