New rule 4:86-1. [Complaint] Action; Records: Guardianship Monitoring Program
(;,l Every action for the determination of incapacity of a person and for the
appointment of a guardian of that person or of the person's estate or both, other than an action
with respect to a veteran under N.JS.A. 3B:13-l et seq., or with respect to a kinship legal
guardianship under N.JS.A. 3B:12A-1 et seq., shall be brought pursuant to R. 4:86-1 through R.
4:86-8 for appointment of a general, limited or pendente lite temporary guardian. [The
complaint shall state the name, age, domicile and address of the plaintiff, of the alleged
incapacitated person and of the alleged incapacitated person's spouse, if any; the plaintiffs
relationship to the alleged incapacitated person; the plaintiff's interest in the action; the names,
addresses and ages of the alleged incapacitated person's children, if any, and the names and
addresses of the alleged incapacitated person's parents and nearest of kin; the name and address
of the person or institution having the care and custody of the alleged incapacitated person; and if
the alleged incapacitated person has lived in an institution, the period or periods of time the
alleged incapacitated person has lived therein, the date of the commitment or confinement, and
by what authority committed or confined. The con:iplaint also shall state the name and address of
any person named as attorney-in-fact in any power of attorney executed by the alleged
incapacitated person, any person named as health care representative in any health care directive
executed by the alleged incapacitated person, and any person acting as trustee under a trust for
the benefit of the alleged incapacitated person.]
£lu Judiciary records of all actions set forth in R. 4:86-l(a) shall be maintained by the
Surrogate and shall be accessible pursuant to R. l :38-3(e).
u;l Each vicinage shall operate a Guardianship Monitoring Program through the
collaboration of the Superior Court, Chancery Division, Probate Part; the County Surrogates; and
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the Administrative Office of the Courts, Civil Practice Division.
ill The functions of guardianship support and monitoring shall be established by the
Administrative Director of the Courts. Such functions shall include guardianship training and
review of inventories and periodic reports of financial accounting filed by guardians as required
by R. 4:86-6(e).
ill Post-adjudicated case issues identified through monitoring may be forwarded for
further action by the Superior Court, Chancery Division, Probate Part and/or the Administrative
Office of the Courts.
Ql Case monitoring issues referred to the attention of the Superior Court, Chancery
Division, Probate Part shall be promptly reviewed and such further action taken as deemed
appropriate in the discretion of the court.
Quasi-judicial immunity shall be extended to Judiciary staff, County Surrogates,
County Surrogate staff, and volunteers performing monitoring responsibilities in the
Guardianship Monitoring Program.
Note: Source-R.R. 4:102-1. Amended July 22, 1983 to be effective September 12,
1983; former R. 4:83-1 amended and rule redesignated June 29, 1990 to be effective September
4, 1990; R. 4:86 caption amended, and text of R. 4:86-1 amended July 12, 2002 to be effective
September 3, 2002; caption to Rule 4:86 amended, and text of Rule 4:86-1 amended July 9, 2008
to be effective September 1, 2008; caption amended, former text amended and designated as
paragraph (a). and new paragraphs (b) and (c) added August 1, 2016 to be effective September 1.
2016.
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