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New Jersey law

Elder Laws in New Jersey.

New Jersey elder law covers Medicaid long-term care planning, powers of attorney, advance directives, guardianships through the Superior Court Chancery Division, nursing home resident rights, and Adult Protective Services. New Jersey follows the federal 60-month Medicaid lookback with state-specific planning vehicles. The Office of the Public Guardian for Elderly Adults handles guardianships where no family is available. New Jersey has extensive elder abuse criminal statutes and a strong Adult Protective Services program.

Last verified: 2026-04-17

State law

Key New Jersey Statutes

Guardianship (Superior Court, Chancery Division)N.J.S.A. 3B:12-1 et seq.; R. 4:86

Guardianship of alleged incapacitated adults is adjudicated in the Superior Court Chancery Division, Probate Part. Appointment of court-appointed attorney for proposed ward. Annual reporting required.

Office of Public GuardianN.J.S.A. 52:27G-20.1 et seq.

The New Jersey Office of the Public Guardian for Elderly Adults serves as guardian for incapacitated elderly adults where no family member is available and capable of serving.

Uniform Power of Attorney ActN.J.S.A. 46:2B-8.1 et seq.

Governs powers of attorney, including durable provisions that continue through principal's incapacity.

Advance Directive for Health CareN.J.S.A. 26:2H-53 et seq.

Authorizes advance directives (living wills and health care proxies). Providers must follow valid directives when the patient lacks capacity.

Medicaid Long-Term Care42 U.S.C. § 1396p; N.J.A.C. 10:71

Federal 60-month lookback on asset transfers. New Jersey administers Medicaid through the Division of Medical Assistance and Health Services.

Adult Protective ServicesN.J.S.A. 52:27D-406 et seq.

APS investigates reports of abuse, neglect, and exploitation of vulnerable adults. Certain professionals are mandated reporters.

Financial Exploitation of Vulnerable AdultsN.J.S.A. 2C:20-2.1

Enhanced criminal penalties when theft is committed against a person 60+ or a disabled person. Extended statute of limitations (5 years from discovery).

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Jersey.

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