How do I petition for guardianship or conservatorship in New Jersey?
1. Terminology. New Jersey uses 'guardian'; a 'conservator' under N.J.S.A. 3B:13A applies only to a conservatee — a competent adult unable to care for property who voluntarily requests appointment.
2. Adult Guardianship. Under N.J.S.A. 3B:12-24.1, the Superior Court may declare an adult 'incapacitated' (formerly 'incompetent') and appoint a guardian when the adult is impaired by reason of mental illness, intellectual disability, physical illness or disability, chronic substance use, or other cause to the extent of lacking sufficient capacity.
3. Minor Guardianship. Available under N.J.S.A. 3B:12-13 when parents are deceased or rights terminated; testamentary guardian provisions in 3B:12-13.
4. Petition. File a Verified Complaint and Order to Show Cause in the Superior Court, Chancery Division, Probate Part, in the county where the alleged incapacitated person (AIP) resides (R. 4:86). Personal service on the AIP at least 20 days before hearing; notice to spouse, adult children, parents.
5. Court Investigator / GAL. Counsel must be appointed for the AIP (R. 4:86-4(b)); a court-appointed evaluator may also be designated.
6. Capacity Evaluation. Affidavits or certifications from two physicians, or one physician and one psychologist, who examined the AIP within 30 days of the complaint are required (R. 4:86-2(b)); clear and convincing evidence.
7. Hearing & Order. AIP has the right to attend, to counsel, and to a jury trial (N.J.S.A. 3B:12-25). The court must consider limited guardianship under 3B:12-24.1(c) where appropriate.
8. Powers & Duties. Bond required for guardian of estate (N.J.S.A. 3B:15-1); inventory within 60 days; annual accounting; court approval for sale of real property (3B:14-23).
9. Alternatives. Durable POA (N.J.S.A. 46:2B-8.1 et seq.), advance directive (N.J.S.A. 26:2H-53), and the voluntary conservator under 3B:13A.
10. Termination. Restoration to capacity (N.J.S.A. 3B:12-28), death, or minor reaching 18.
11. UAGPPJA. New Jersey adopted UAGPPJA at N.J.S.A. 3B:12B-1 et seq.
This is legal information, not legal advice.
- Contested incapacity adjudications under R. 4:86
- Choosing between guardianship and voluntary conservatorship under 3B:13A
- Limited guardianship petitions tailoring powers to actual incapacity
- N.J.S.A. 3B:12-1 et seq.
- N.J.S.A. 3B:13A
- N.J.S.A. 3B:12B-1
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.